TERMS AND CONDITIONS

United States

EFFECTIVE FEBRUARY 15, 2024

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Welcome to Sports.com ("Website"). Please read on to learn the rules and restrictions that govern your use of our Website(s), products, services, and the smartphone and tablet applications available via the Apple Inc. (“Apple”) App Store and the Google Play Store (“Application”) (together the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@sports.com.

S&MI Ltd, doing business as Sport Locker (“S&MI” or “SportLocker” or “Sports.com Media” or “Sports.com”), a British entity with a company number of 14315884 and having its registered address at 86-90 Paul Street, London, EC2A4NE, England, United Kingdom.

These Terms of Service (the “Terms”) are a binding contract between you and us. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and other applicable policies laid out in the Policy Center.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY THE SECTION TITLED “HOW WILL WE RESOLVE DISPUTES?” WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

Will these Terms or the Services ever change?

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. However, we will not, unless you agree, make any changes in respect of any Services you have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal, or regulatory reasons) or increase the charges you are obliged to pay.

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. Similarly, we reserve the right to remove any Content (as defined below) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Changes to the Arbitration Agreement in the section below titled “How we will resolve disputes?” are governed by Section (n) of the Arbitration Agreement.

What about my privacy?

Sports.com takes the privacy of its users very seriously. For the current Sports.com Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Our Services are not intended for children under the age of 13 and we do not knowingly collect or solicit personal data from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal data about yourself to us. If we obtain actual knowledge that we have collected personal data from a child under age 13, we will delete that information as quickly as reasonably possible. If you believe that a child under 13 may have provided us personal data, please contact us at support@sports.com.

What are the basics of using Sports.com?

Certain aspects of the Services allow you to sign up for an account, and select a password and user name (“Sports.com User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Sports.com User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal or personal use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Internal or personal use does not include the use of Content without prior written consent from Sports.com in connection with (i) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or (ii) providing archived or cached data sets containing Content to another person or entity.

You must not share your account or log-in credentials with anyone, and you must protect the security of your account and your log-in credentials. You’re responsible for any activity associated with your account. You may not (i) select or use the log-in credentials of another person with the intent to impersonate that person; (ii) use log-in credentials in which another person has rights without such person's authorization; or (iii) use log-in credentials that we, in our sole discretion, deem offensive. Failure to comply with these requirements will constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

infringes or violates the intellectual property rights or any other rights of anyone else (including Sports.com);
violates any law or regulation, including any applicable export control laws;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your account with Sports.com or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means) or otherwise uses, accesses, or collects the Content, data, or information relating to the Services using automated means;
uses the Content for the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system;
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
bypasses the measures we may use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
monetizes the Content through advertising, subscriptions, or other means.

A violation of any of the foregoing is grounds for our termination of your right to use or access the Services.

What are my rights in Sports.com?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), podcasts, live chatroom, audio and video content, and so forth (all of the foregoing, the “Content”) are protected by copyright or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Sports.com’s) rights.

You acknowledge that Sports.com and its licensors own the Services. You must not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, post on other websites any copies of, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any rights or licenses to Sports.com or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable or audible by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

You agree that the licenses you grant are royalty-free, perpetual, sub-licenseable, irrevocable, and worldwide.

For all User Submissions, you hereby grant Sports.com a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), reproduce, publish, broadcast, transmit, distribute, perform, display, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Sports.com account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Sports.com the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

Finally, you acknowledge and agree that Sports.com, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Sports.com, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk; we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. If the Services provide professional information (for example, financial, legal, or medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed or qualified in the applicable area.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all of your activity in connection with the Services.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Sports.com. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Sports.com is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Sports.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Sports.com will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Sports.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Sports.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Sports.com, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services. If you are a California resident, you shall and hereby do waive all rights under California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Does Sports.com cost anything?

Certain parts of the Services may be free, and we may charge a fee for using other parts of the Services. If you are using the free version of the Services, some functionality may be limited, and we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

Subscriptions. Certain portions of the Services may require you to sign up for a subscription in order to access them (“Subscription”). Subscriptions may be purchased by clicking on the service or subscription term you wish to subscribe to and then following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase request to us by clicking the "Subscribe" button on the checkout page.

You acknowledge that by clicking on the "Subscribe" button you enter into an obligation to pay for the Subscription and a contract will be formed between you and us in relation to the Subscription ordered.

When you sign up for a Subscription, you will be charged a subscription fee based on the type of Subscription you select and the length of your Subscription (the “Subscription Term”). The subscription fee for the Services (“Subscription Fee”) will be charged to you in advance as further described below.

We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time, but we will notify you before any such change comes into effect.

Auto-Renewal for Subscriptions. Your Subscription will be automatically renewed at the end of each Subscription Term and your Payment Method (defined below) will be charged for the next Subscription Term. If you wish to cancel auto-renewal of your Subscription for the following Subscription Term, you must cancel your plan through your account page or through the App Store you used for purchase at least one (1) day prior to the end of your then-current Subscription Term. Sports.com may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Subscription Term has ended. If you do not wish to pay the new Subscription Fee, your only remedy will be to cancel your Subscription for the following Subscription Term, prior to the expiration of your then-current Subscription Term.

Cancellation; No Refunds. You may cancel your Subscription at any time on your account page; however, there are no refunds for cancellation. If you cancel before the end of your Subscription Term you will have access to your account for the remainder of the Subscription Term. If you signed up for a Subscription through the iOS App Store or Google Play store, you must cancel or change your Subscription via the applicable app stores. In the event that Sports.com suspends or terminates your account for your breach of these terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Subscription, any Subscription Fees for any portion of the Services, any Content associated with your account, or for anything else.

Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for your Subscription Fees. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you on time, you agree to pay all amounts due on your Billing Account upon demand. If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorized), we may suspend or terminate your access to the Services (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your Subscription is canceled.

Reaffirmation of Authorization. Your non-termination or continued use of a Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Subscription Fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms may be amended thereafter).

Current Information Required. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g. for loss or theft), or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your Subscription under your billing account unless you have terminated your Subscription as set forth above.

Promotional Discounts and Free Trials. Sports.com may offer discounted Subscriptions from time to time subject to the terms under which they are offered (as indicated in our relevant promotion). Unless otherwise noted, the promotional Subscription Fee pricing is available for the first year, after which regular Subscription Fee pricing will apply. Any free trial or other promotion that provides access to a Subscription must be used within the specified time of the trial. You must cancel your Subscription before the end of the trial period in order to avoid being charged for that Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription, please contact us at support@sports.com.

I use Sports.com App available via the Apple App Store or Google Play – should I know anything about that?

You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to the Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html. Sports.com is not a party to any In-App Purchase.

These Terms apply to your use of all the Services, including the Application, but the following additional terms also apply to the Application:

Apple

If the Application that you download, access, or use is downloaded from the Apple App Store:

Both you and Sports.com acknowledge that the Terms are concluded between you and Sports.com only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Sports.com, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sports.com, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Sports.com acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and Sports.com acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Google

If the Application that you download, access or use is downloaded from Google Play:

You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Play due to (a) an allegation of infringement, or actual infringement, of any third-party Intellectual Property Right; (b) an allegation of, or actual violation of, third-party rights; or (c) an allegation or determination that such Product does not comply with applicable law, then the Application will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the Application.
You may also be able to claim a refund from Google for purchases made in the Application if you qualify under the Google Play refund policy.
Google grants to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application. The “User” means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.

What if I want to stop using Sports.com?

You’re free to do that at any time. To cancel your account, please contact us at support@sports.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Sports.com is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including if:

you have breached any of these Terms;
you fail to pay any correctly billed charges when due; or
you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

Sports.com has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

issue a warning to you;
remove, block, or disable access to User Submissions;
immediately withdraw your right to use any of the Services (either temporarily or permanently);
institute legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach or for an injunction; or
disclose of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Account termination may also result in destruction of any Content and User Submissions associated with your account, so keep that in mind before you decide to terminate your account.

Upon termination of any Subscription or Services or your account, for any reason (including where, in accordance with these Terms, you cancel or do not renew your Subscription):

all rights granted to you under these Terms will immediately cease;
you must promptly discontinue all use of the relevant Services; and
you must pay us all outstanding amounts that you owe us.

Any of these terms that, by their nature, should survive termination of the agreement between you and us shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use Sports.com App available via the Apple App Store or Google Play – should I know anything about that?

These Terms apply to your use of all the Services, including the Application, but the following additional terms also apply to the Application:

Apple

If the Application that you download, access, or use is downloaded from the Apple App Store:

Both you and Sports.com acknowledge that the Terms are concluded between you and Sports.com only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Sports.com, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sports.com, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Sports.com acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and Sports.com acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Google

If the Application that you download, access or use is downloaded from Google Play:

You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Play due to (a) an allegation of infringement, or actual infringement, of any third-party Intellectual Property Right; (b) an allegation of, or actual violation of, third-party rights; or (c) an allegation or determination that such Product does not comply with applicable law, then the Application will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the Application.
You may also be able to claim a refund from Google for purchases made in the Application if you qualify under the Google Play refund policy.
Google grants to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application. The “User” means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.

What else do I need to know?

Warranty Disclaimer. Neither Sports.com nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. We cannot and do not guarantee that any content of the Services will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content. THE SERVICES AND CONTENT ARE PROVIDED BY SPORTS.COM (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) WILL SPORTS.COM OR ITS AFFILIATES (OR ITS OR THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, ADVERTISERS, LICENSORS, CONTENT PROVIDERS, OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS OR REVENUE, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SPORTS.COM IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Sports.com, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sports.com’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of law provisions thereof.

Miscellaneous. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sports.com agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sports.com, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Sports.com, and you do not have any authority of any kind to bind Sports.com in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and Sports.com agree there are no third-party beneficiaries intended under these Terms.

How will we resolve disputes?

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

Class Action Waiver. First, disputes between us must be resolved on an individual basis. YOU AND SPORTS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or Sports.com from participating in a class-wide settlement of claims.

Unless both you and Sports.com agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

Next, we will try to resolve our disputes informally before initiating a legal proceeding.

Informal Resolution. Most disputes can be resolved informally, so if you have an issue with the Services, you agree to reach out to us before initiating a lawsuit or arbitration (the “Informal Dispute Resolution Procedure”). To do so, you must send Sports.com a written description of the dispute (including your name, what you’re complaining about, and how you’d like to resolve it) along with the email address or phone number associated with your account to support@sports.com. If the dispute is not resolved within sixty (60) days after receipt of this written notice, you and Sports.com agree to resolve any remaining dispute through the further dispute resolution provisions below. You must engage in this informal resolution process before starting any formal dispute resolution. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled for 60 days following receipt of your written notice that meets this section’s requirements while the parties attempt informal resolution.

Finally, if we are unable to resolve our claims informally, we will resolve them for users in the United States subject to the following Arbitration agreement:

The following arbitration agreement (“Arbitration Agreement”) requires you to arbitrate certain disputes and claims with Sports.com and limits the manner in which you can seek relief from Sports.com. Both you and Sports.com acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Sports.com’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in the County of Tarrant in the State of Texas. The arbitration will proceed in the English language, in accordance with AAA Consumer Arbitration Rules (the “Rules”) then in effect, by one commercial arbitrator. A copy of these rules is available at: https://www.adr.org/Rules. The arbitrator shall be selected from the appropriate list of AAA arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

The parties agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

(b) Initiating an Arbitration Proceeding. If you are initiating arbitration, a copy of the demand shall also be emailed to support@sports.com. If you are an Sports.com account holder or subscriber, any demand filed by you initiating arbitration must include the email address you used to log onto Sports.com, as well as any profile associated with that account that is controlled by you.

(c) Scope of This Arbitration Agreement. You and Sports.com agree that the terms of this Arbitration Agreement govern any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, the Terms of Service, or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each a “Dispute” and collectively “Disputes”).

The parties further agree that the determination of the scope, enforceability, or applicability of this Arbitration Agreement, including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Arbitration Agreement.

The only matters excluded from this Arbitration Agreement are the litigation of certain intellectual property and small court claims, as provided below.

(d) No Class or Collective Arbitration Proceedings. ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF SPORTS.COM PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

If this specific paragraph is found unenforceable, then the “Arbitration Agreement” section of these Terms will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

(e) Effect on Prior Arbitration Agreements. This Arbitration Agreement supersedes any prior arbitration agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.

(f) Exceptions. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

(g) Severability. With the exception of paragraphs (d), (j), and (k) of this Arbitration Agreement, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, paragraph (d) or Paragraphs (j) or (k) are found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Sports.com shall be entitled to arbitrate their Dispute.

(h) Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable AAA rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. The arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the AAA rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure above.

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Sports.com submit to the arbitrator, unless the arbitrator determines that a hearing is necessary, or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable AAA rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Sports.com (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

(i) Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sports.com will pay any filing and hearing fees in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

The parties agree that AAA has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under AAA’s Rules where it deems appropriate provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by AAA does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before AAA, the arbitrator, or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

(j) Mass Arbitrations. To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to AAA against Sports.com (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch (to the extent there are fewer than 10 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each demand within the batch (the same arbitrator may preside over multiple demands in a batch if the relevant claimants and Sports.com so agree); (iii) to accept applicable fees, including any related fee reduction determined by AAA in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Sports.com and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any of the claimants or Sports.com may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for the demands in each batch shall be conducted to the greatest extent possible in accordance with the applicable AAA rules and procedures for such selection, and the arbitrator will determine the location where the proceedings for each demand within a batch will be conducted.

You agree to cooperate in good faith with Sports.com and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by AAA. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind. Unless Sports.com otherwise consents in writing, Sports.com does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart (vi). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this subpart (j) or the engagement of a mediator in subpart (k) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Sports.com shall be entitled to arbitrate any claim that is a part of the Mass Filing.

(k) Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a AAA mediator selected from a group of 5 mediators initially proposed by AAA, with Sports.com and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Sports.com, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Sports.com or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Sports.com nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(l) Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Service and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website. The arbitrator will render an award within the time frame specified in the applicable AAA rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages or other relief must be consistent with the terms of the “Disclaimer and Limitation of Liability” section of these Terms of Service as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

(m) Opt-out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to support@Sports.com with the subject line “ARBITRATION OPT-OUT.” The notice must be sent within thirty (30) days of (a) December 15, 2023; or (b) your first use of the Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under any prior Arbitration Agreement between you and Sports.com will not apply to claims not yet filed. If you opt out of the Arbitration Agreement Sports.com also will not be bound by it.

(n) Changes. Sports.com will provide thirty (30) days’ notice of any material changes to this section. Any such changes will go into effect 30 days after Sports.com provides notice and will apply to all claims not yet filed regardless of when such claims may have accrued. If Sports.com changes this section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services thirty (30) days after such change will be deemed acceptance of those changes.

(o) Exclusive Venue. If you send the opt-out notice in (m), or in any circumstances where the foregoing arbitration agreement permits either you or Sports.com to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Sports.com agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, the County of Tarrant in the State of Texas or the federal district in which that county falls.

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United Kingdom

EFFECTIVE AUGUST 4, 2023

Welcome to the Sports.com ("Website"). Please read on to learn the rules and restrictions that govern your use of our Website(s), products, services, and the smartphone and tablet applications available via the Apple Inc. (“Apple”) App Store and the Google Play Store (“Application”) (together the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at Support@sports.com.

These Terms of Service (the “Terms”) are a binding contract between you and us. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions on this page, as well as those in the Privacy Policy and other applicable policies laid out in the Policy Center.

Will these Terms or the Services ever change?

We will always give you as much notice as we reasonably can of such significant changes, including notice of when the changes go into effect, on the understanding that you have the option of accepting them or cancelling your Subscription (as defined below) without penalty, in which case, you should notify us that you wish to cancel your Subscription through your account page or through the App Store you used for the purchase. If you do not cancel your Subscription before the date on which the changes come into effect (which we will notify you of), this will mean that you have accepted them. We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features, or functionality. Similarly, we reserve the right to remove any Content (as defined below) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

infringes or violates the intellectual property rights (including, but not limited to, copyright and trademarks) or any other rights (including, but not limited to, personality or privacy rights) of anyone else (including Sports.com);
violates any law or regulation, including any applicable export control laws or U.S. sanctions or embargoes;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your account with Sports.com or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means), or otherwise uses, access, or collects the Content, data, or information relating to the Services using automated means;
uses the Content for the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system;
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
bypasses the measures we may use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
monetizes the Content through advertising, subscriptions, or other means.

A violation of any of the foregoing is grounds for our termination of your right to use or access the Services and to pursue other legal remedies.

What about my privacy?

Sports.com takes the privacy of its users very seriously. For the current Sports.com Privacy Policy, please click here.

What are the basics of using Sports.com?

In order to sign up for an account, you must be of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal or personal use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Internal or personal use does not include the use of Content without prior written consent from Sports.com in connection with (i) the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system or (ii) providing archived or cached data sets containing Content to another person or entity.

You must not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

infringes or violates the intellectual property rights or any other rights (including privacy, reputation, image and publicity) of anyone else (including Sports.com);
violates any law or regulation, including any hate speech, public order, or applicable export control laws;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, abusive, or otherwise objectionable;
jeopardizes the security of your account with Sports.com or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes or accesses any part of the Services, Content, data or information you do not have permission or authorization to access or for which your access has been revoked;
circumvents any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” “spiders” or aggregates any page, data, or portion of or relating to the Services or Content (through use of manual or automated means), or otherwise uses, accesses, or collects the Content, data, or information relating to the Services using automated means;
uses the Content for the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system;
copies, stores, reuses, distributes, transmits, or exploits any portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
bypasses the measures we may use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
monetizes the Content through advertising, subscriptions, or other means.

A violation of any of the foregoing is grounds for our termination of your right to use or access the Services.

What are my rights in Sports.com?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), podcasts, live chatroom, audio and video content, and so forth (all of the foregoing, the “Content”) are protected by copyright or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, create derivative works based on, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Sports.com’s) rights.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Sports.com or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable or audible by other users. In order to display or carry your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personal data.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, transferrable, irrevocable, and worldwide.

If you store a User Submission in your own personal Sports.com account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Sports.com the license above, for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

What if I see something on the Services that infringes my copyright?

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to suspend or terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and subject to the Our Liability section below, we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. If the Services provide professional information (for example, financial, legal, or medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed or qualified in the applicable area.

The Services may contain links or connections to third party websites or services that are not owned or controlled by Sports.com. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Sports.com is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Sports.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Sports.com will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you acknowledge that we are not responsible for your use of any third-party website or service.

If there is a dispute between participants on this site, or between users and any third party, you agree that Sports.com is under no obligation to become involved.

Through our mobile Application, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html and https://play.google.com/intl/en_ca/about/play-terms/. Sports.com is not a party to any In-App Purchase.

These Terms apply to your use of all the Services, including the Application, but the following additional terms also apply to the Application:

Apple

If the Application that you download, access, or use is downloaded from the Apple App Store:

Both you and Sports.com acknowledge that the Terms are concluded between you and Sports.com only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Sports.com, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sports.com, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Sports.com acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and Sports.com acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

If you have any questions, complaints or claims with respect to the Application, you may contact Sports.com.

Google

If the Application that you download, access or use is downloaded from Google Play:

You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Play due to (a) an allegation of infringement, or actual infringement, of any third-party Intellectual Property Right; (b) an allegation of, or actual violation of, third-party rights; or (c) an allegation or determination that such Product does not comply with applicable law, then the Application will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the Application.
You may also be able to claim a refund from Google for purchases made in the Application if you qualify under the Google Play refund policy.
Google grants to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application. The “User” means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.

Does Sports.com cost anything?

Subscriptions. Certain portions of the Services may require you to sign up for a subscription in order to access them (“Subscription”). Subscriptions may be purchased by clicking on the service or subscription term you wish to subscribe to and then following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase request to us by clicking the "Subscribe" button on the checkout page.

The Subscription Fee will be as quoted on the Services from time to time and includes VAT.

We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time, but we will notify you and you will be entitled to cancel your Subscription without penalty before any such change comes into effect.

Auto-Renewal for Subscriptions. Your Subscription will be automatically renewed at the end of each Subscription Term and your Payment Method (defined below) will be charged for the next Subscription Term. If you wish to cancel auto-renewal of your Subscription for the following Subscription Term, you must cancel your plan through your account page or through the App Store you used for purchase at least one (1) day prior to the end of your then-current Subscription Term. Sports.com may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Subscription Term has ended. If you do not wish to pay the new Subscription Fee, you can cancel your Subscription for the following Subscription Term, prior to the expiration of your then-current Subscription Term.

Cancellation; No Refunds. You acknowledge that we start provision of the Subscription digital content immediately following acceptance of your order (which, by placing your order, you request us to do) and that you will have no right to change your mind and cancel under the Consumer Contracts Regulations if we delivered the Subscription digital content to you immediately, and you agreed to this when you purchased your Subscription.

You may cancel your Subscription at any time on your account page; however, subject to such consumer cancellation rights, there are no refunds for cancellation. If you cancel before the end of your Subscription Term you will have access to your account for the remainder of the Subscription Term. If you signed up for a Subscription through the iOS App Store or Google Play store, you must cancel or change your Subscription via the applicable app stores. In the event that Sports.com suspends or terminates your account for your breach of these terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Subscription, any Subscription Fees for any portion of the Services, any Content associated with your account, or for anything else.

If any service you purchase is defective (in other words, it does not comply with the requirements of these Terms), you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a service is defective, you should inform us as soon as possible, by contacting us at Support@sports.com, giving your name, address and order reference.

Nothing in this section affects your legal rights.

Billing.

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for your Subscription Fees. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Currently, we use Stripe, Inc. and Braintree (offered by PayPal, Inc.) as our Payment Processors. You can access Stripe’s Terms of Service at https://stripe.com/gb/ssa and their Privacy Policy at https://stripe.com/gb/privacy. You can access Braintree’s Services Agreement and Privacy Policy at https://www.braintreepayments.com/gb/legal.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you on time, you agree to pay all amounts due on your Billing Account upon demand. If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorized), we may suspend or terminate your access to the Services (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your Subscription is cancelled.

Reaffirmation of Authorization. Your non-termination or continued use of a Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Subscription Fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms may be amended thereafter).

Current Information Required. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft), or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your Subscription under your billing account unless you have terminated your Subscription as set forth above.

What if I want to stop using Sports.com?

You’re free to do that at any time. To cancel your account, contact us at Support@sports.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Sports.com is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including if:

you have breached any of these Terms;
you fail to pay any correctly billed charges when due; or
you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

issue a warning to you;
remove, block or disable access to User Submissions;
immediately withdraw your right to use any of the Services (either temporarily or permanently);
institute legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach or for an injunction; or
disclose of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Account termination may also result in destruction of any Content and User Submissions associated with your account, so keep that in mind before you decide to terminate your account.

Upon termination of any Subscription or Service or your account, for any reason (including where, in accordance with these Terms, you cancel or do not renew your Subscription):

all rights granted to you under these Terms will immediately cease;
you must promptly discontinue all use of the relevant Services; and
you must pay us all outstanding amounts that you owe us.

Any of these terms that, by their nature, should survive termination of the agreement between you and us shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use Sports.com App available via the Apple App Store or Google Play – should I know anything about that?

You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html and https://play.google.com/intl/en_uk/about/play-terms/index.html. Sports.com is not a party to any In-App Purchase.

These Terms apply to your use of all the Services, including the Application, but the following additional terms also apply to the Application:

App

If the Application that you download, access, or use is downloaded from the Apple App Store:

Both you and Sports.com acknowledge that the Terms are concluded between you and Sports.com only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Sports.com, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sports.com, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Sports.com acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and Sports.com acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Google

If the Application that you download, access or use is downloaded from Google Play:

You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Play due to (a) an allegation of infringement, or actual infringement, of any third-party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law, then the Application will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the Application.
You may also be able to claim a refund from Google for purchases made in the Application if you qualify under the Google Play refund policy.
Google grants to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application. The "User" means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.

What else do I need to know?

Warranty Disclaimer. Except as expressly set out herein we make or give no representation or warranty as to the accuracy, copyright compliance, completeness, currency, correctness, decency, legality, reliability, integrity, quality, or originality of any Content. To the fullest extent permitted by law, all implied warranties, conditions, or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Services or relying on any of its content. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. We cannot and do not guarantee that any content of the Services will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content. THE SERVICES AND CONTENT ARE PROVIDED BY SPORTS.COM (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Our Liability: Nothing in these Terms shall limit or exclude our liability to you:

for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
for any other liability that, by law, may not be limited or excluded.

Subject to this, if you are a consumer and not a business customer, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Sports.com (or its licensors or suppliers) be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you or any other person for any indirect, special, incidental, or consequential losses, or for any loss of profit, loss of revenue, loss of contracts, loss of data, loss of goodwill, work stoppage, accuracy of results, computer failure, malfunction or other similar losses, and any liability we do have for losses you suffer arising pursuant to these Terms shall not exceed the greater of (i) $100 or (ii) the amounts paid by you to us in connection with the Services in the twelve (12) month period preceding the applicable claim and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under or in connection with these Terms that is caused by events outside our reasonable control.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sports.com’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Jurisdiction. These Terms shall be governed by Texas law, except that if you are a consumer and not a business user and if you live in Scotland, Northern Ireland, or a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these Terms will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in Scotland, Northern Ireland, or a country of the European Union, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

If you are in the EU, the European Online Dispute Resolution platform provides information about alternative dispute resolution which may be of interest.

Miscellaneous. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sports.com agree that these Terms and any document expressly referred to in them are the complete and exclusive statement of the mutual understanding between you and Sports.com, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. We are required by law to advise you that the agreement between you and us may be concluded in the English language only and that no public filing requirements apply.

Canada

EFFECTIVE AUGUST 4, 2023

Welcome to Sports.com ("Website"). Please read on to learn the rules and restrictions that govern your use of our Website(s), products, services, and the smartphone and tablet applications available via the Apple Inc. (“Apple”) App Store and the Google Play Store (“Application”) (together, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at Support@sports.com.

These Terms of Service (the “Terms”) are a binding contract between you and us. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms (as amended from time to time) will remain in effect while you use the Services. These Terms include the provisions in this policy, as well as the Privacy Policy and other applicable policies laid out in the Policy Center.

Will these Terms or the Services ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to periodically change any aspect of these Terms and our Services, including the charges for our Services. If we do change our Terms, we will bring it to your attention by placing a notice on the Website, by sending you an email, or by other means. Where required by law, the notice will set out the date on which the change will come into effect. Any such change will be effective at least thirty (30) days following such notice.

If you don’t agree with the new Terms or changes to our Services, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms or Services is effective, that means you agree to all of the changes and the revised Terms apply to your use of the Services.

If you are a subscriber to our Services, you may refuse the change to our Terms and cancel your Subscription (as defined below) without cost, penalty, cancellation fee or cancellation indemnity, before your next Subscription Term (as described below). You may cancel your Subscription through your account page or via the App Store (as defined below) through which you subscribed. Quebec residents may cancel their Subscription no later than thirty (30) days after the change comes into force, if the change results in increased obligations to you or a reduction of obligations on us. If you do not cancel your Subscription before the date on which the changes come into effect (which we will notify you of), this will mean that you have accepted the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective.

What about my privacy?

Sports.com takes the privacy of its users very seriously. For the current Sports.com Privacy Policy, please click here.

We do not knowingly collect or solicit personal information from minors; if you are under the age of majority in your jurisdiction of residence, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a minor, we will delete that information as quickly as possible. If you believe that a minor may have provided us personal information, please contact us at Support@sports.com.

What are the basics of using Sports.com?

You must be the age of majority or older in your jurisdiction of residence in order to use our Services.

Certain aspects of the Services allow you to sign up for an account, and select a password and user name (“Sports.com User ID”). You promise to provide us with accurate and complete registration information about yourself and to keep this information updated. You may not select as your Sports.com User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You are solely responsible for maintaining the confidentiality and security of Sports.com User ID and password and for all activities that occur on or through your account. However, if you allow others to access your account, these Terms, as well as any specific consents you may have provided also applies to their access, use, and disclosure of information. You agree to immediately notify us of any unauthorized access to your account. We will not be responsible for any losses arising from the unauthorized use of your account.

You will only use the Services for your own internal or personal use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Internal or personal use does not include the use of Content without prior written consent from Sports.com in connection with (i) the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system or (ii) providing archived or cached data sets containing Content to another person or entity.

You must not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

infringes or violates the intellectual property rights (including, but not limited to, copyright and trademarks) or any other rights (including, but not limited to, personality or privacy rights) of anyone else (including Sports.com);
violates any law or regulation, including any applicable export control laws or U.S. sanctions or embargoes;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your account with Sports.com or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means), or otherwise uses, access, or collects the Content, data, or information relating to the Services using automated means;
uses the Content for the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system;
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
bypasses the measures we may use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
monetizes the Content through advertising, subscriptions, or other means.

A violation of any of the foregoing is grounds for our termination of your right to use or access the Services and to pursue other legal remedies.

What are my rights in Sports.com?

We grant you a limited, revocable, and non-transferable license to use the mobile applications (“Apps”) on devices you own or have a legal right to use in accordance with these Terms of Service, the Terms of Sale (where applicable), and any additional terms specific to the particular application.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Sports.com’s) rights.

You acknowledge that Sports.com and its licensors own the Services. You must not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, post on other websites or platforms any copies of, or otherwise exploit any of the Services or its Content.

The Services may allow you to copy or download certain Content for your personal or individual, non-commercial use; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Sports.com or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that also include your Personal Data (as defined in the Privacy Policy).

You agree that the licenses you grant are royalty-free, perpetual, sub-licenseable, assignable, irrevocable, and worldwide and you waive all associated so-called “moral rights” in favor of Sports.com.

For all User Submissions, you hereby grant Sports.com a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

What if I see something on the Services that infringes my copyright?

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.

Who is responsible for what I see and do on the Services?

You are responsible for all User Submissions and Personal User Submissions you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party platforms or services that are not owned or controlled by Sports.com. When you access third-party platforms or use third-party services, you accept that there are risks in doing so, and that Sports.com is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party platform or service that you visit or utilize.

Sports.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party platforms or by any third party that you interact with through the Services. In addition, Sports.com will not and cannot monitor, verify, censor, or edit the content of any third-party platform or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party platform or service.

Does Sports.com cost anything?

We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time, but we will notify you before any such change comes into effect, as described above.

Auto-Renewal for Subscriptions. Your Subscription will be automatically renewed at the end of each Subscription Term and your Payment Method (defined below) will be charged for the next Subscription Term. If you wish to cancel auto-renewal of your Subscription for the following Subscription Term, you must cancel your plan through your account page or through the app store you used to purchase your subscription at least one (1) day prior to the end of your then-current Subscription Term. Sports.com may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Subscription Term has ended. If you do not wish to pay the new Subscription Fee, your only remedy will be to cancel your Subscription for the following Subscription Term, prior to the expiration of your then-current Subscription Term.

Cancellation; No Refunds. You may cancel your Subscription at any time on your account page; however, there are no refunds for cancellation unless required by applicable law. If you cancel before the end of your Subscription Term you will have access to your account for the remainder of the Subscription Term. If you signed up for a Subscription through the iOS App Store or Google Play store, you must cancel or change your Subscription via the applicable App Stores. In the event that Sports.com suspends or terminates your account for your breach of these Terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Subscription, any Subscription Fees for any portion of the Services, any Content associated with your account, or for anything else unless required by applicable law.

Currently, we use Stripe, Inc. and Braintree (offered by PayPal, Inc.) as our Payment Processors. You can access Stripe’s Terms of Service at https://stripe.com/en-ca/legal and their Privacy Policy at https://stripe.com/en-ca/privacy. You can access Braintree’s Services Agreement and Privacy Policy at https://www.braintreepayments.com/ca/legal.

Current Information Required. You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft), or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for your Subscription under your Billing Account unless you have terminated your Subscription as set forth above.

Promotional Discounts and Free Trials. Sports.com may offer discounted Subscriptions from time to time subject to the terms under which they are offered (as indicated in our relevant promotion). Unless otherwise noted, the promotional Subscription Fee pricing is available for the first year, after which regular Subscription Fee pricing will apply. Any free trial or other promotion that provides access to a Subscription must be used within the specified time of the trial. Your first payment will be charged to your chosen Payment Method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation above. You must cancel your Subscription before the end of the trial period in order to avoid being charged for that Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription, please contact us at Support@sports.com.

What if I want to stop using Sports.com?

You’re free to do that at any time. To cancel your account, please contact us at Support@sports.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Sports.com is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including if:

you have breached any of these Terms;
you fail to pay any correctly billed charges when due; or
if you are a business, you become insolvent, file for creditor protection, make composition with your creditors, petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

issue a warning to you;
immediately withdraw your right to use any of the Services (either temporarily or permanently);
institute legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; or
disclose of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Account termination may also result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Upon termination of any Subscription or Service or your account, for any reason (including where, in accordance with these Terms, you cancel or do not renew your Subscription):

all rights granted to you under these Terms will immediately cease;
you must promptly discontinue all use of the relevant Services; and
you must pay us all outstanding amounts that you owe us.

Any of these terms that, by their nature, should survive termination of the agreement between you and us shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use Sports.com App available via the Apple App Store or Google Play – should I know anything about that?

You acknowledge and agree that the availability of our mobile Application is dependent on the third-party stores from which you download the Application, e.g., the iOS App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms set forth below. You agree to comply with, and your license to use our Application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.

These Terms apply to your use of all the Services, including the Application, but the following additional terms also apply to the Application:

Apple

If the Application that you download, access, or use is downloaded from the Apple App Store:

Both you and Sports.com acknowledge that the Terms are concluded between you and Sports.com only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Sports.com, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sports.com, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Sports.com acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and Sports.com acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

If you have any questions, complaints or claims with respect to the Application, you may contact Sports.com.

Google

If the Application that you download, access or use is downloaded from Google Play:

You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Play due to (a) an allegation of infringement, or actual infringement, of any third-party Intellectual Property Right; (b) an allegation of, or actual violation of, third-party rights; or (c) an allegation or determination that such Product does not comply with applicable law, then the Application will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the Application.
You may also be able to claim a refund from Google for purchases made in the Application if you qualify under the Google Play refund policy.
Google grants to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application. The “User” means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.

What else do I need to know?

Warranty Disclaimer. Neither Sports.com nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. We cannot and do not guarantee that any content of the Services will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content. THE SERVICES AND CONTENT ARE PROVIDED BY SPORTS.COM (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SPORTS.COM (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SPORTS.COM IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. (For Quebec residents only: The foregoing paragraph does not apply to damages that result from the acts of Sports.com.)

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Sports.com, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Choice of Law. (Not applicable to Quebec residents) These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.

Miscellaneous. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sports.com agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sports.com, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.

Australia

EFFECTIVE AUGUST 4, 2023

Will these Terms or the Services ever change?

We will always give you as much notice as we reasonably can of such significant changes, including notice of when the changes go into effect. We will not give less than 5 days’ notice to you before such a change goes into effect. You will have the option of accepting the changes or cancelling your Subscription (as defined below) without penalty, in which case, you should notify us that you wish to cancel your Subscription through your account page or through the App Store you used for the purchase. If you do not cancel your Subscription before the date on which the changes come into effect (which we will notify you of), this will mean that you have accepted them.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Sports.com takes the privacy of its users very seriously. For the current Sports.com Privacy Policy, please click here.

We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at Support@sports.com.

What are the basics of using Sports.com?

You will only use the Services for your own internal or personal use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Internal or personal use does not include the use of Content without prior written consent from Sports.com in connection with (i) the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system or (ii) providing archived or cached data sets containing Content to another person or entity.

You must not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

infringes or violates the intellectual property rights or any other rights of anyone else (including Sports.com);
violates any law or regulation, including any applicable export control laws;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your account with Sports.com or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means), or otherwise uses, access, or collects the Content, data, or information relating to the Services using automated means;
uses the Content for the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system;
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
bypasses the measures we may use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
monetizes the Content through advertising, subscriptions, or other means.

A violation of any of the foregoing is grounds for our termination of your right to use or access the Services.

What are my rights in Sports.com?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Sports.com’s) rights.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Sports.com or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. You agree that the licenses you grant are royalty-free, perpetual, sub-licenseable, irrevocable, and worldwide.

For all User Submissions, you hereby grant Sports.com a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

What if I see something on the Services that infringes my copyright?

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk; we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. Except for our Content, we cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services (subject to any rights you may have under the Australian Consumer Law). We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. If the Services provide professional information (for example, financial, legal, or medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed or qualified in the applicable area.

Does Sports.com cost anything?

Certain parts of the Services may be free, and we may charge a fee for using other parts of the Services. If you are using the free version of the Services, some functionality may be limited, and we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee. If you wish to continue using such Services, you must pay all applicable fees for such Services, otherwise, you can stop using the Services and not pay the applicable fees.

Auto-Renewal for Subscriptions. Your Subscription will be automatically renewed at the end of each Subscription Term and your Payment Method (defined below) will be charged for the next Subscription Term. If you wish to cancel auto-renewal of your Subscription for the following Subscription Term, you must cancel your plan through your account page or through the App Store you used for purchase at least one (1) day prior to the end of your then-current Subscription Term. Sports.com may change the Subscription Fee upon reasonable notice to you, but such change will only take effect once your then-current Subscription Term has ended. If you do not wish to pay the new Subscription Fee, your only remedy will be to cancel your Subscription for the following Subscription Term, prior to the expiration of your then-current Subscription Term.

Cancellation; No Refunds. You may cancel your Subscription at any time on your account page; however, there are no refunds for cancellation (subject to your rights under the Australian Consumer Law including the consumer guarantees). If you cancel before the end of your Subscription Term you will have access to your account for the remainder of the Subscription Term. If you signed up for a Subscription through the iOS App Store or Google Play store, you must cancel or change your Subscription via the applicable app stores. In the event that Sports.com suspends or terminates your account for your breach of these Terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Subscription, any Subscription Fees for any portion of the Services, any Content associated with your account, or for anything else (subject to your rights under the Australian Consumer Law including the consumer guarantees).

Currently, we use Stripe, Inc. and Braintree (offered by PayPal, Inc.) as our Payment Processors. You can access Stripe’s Terms of Service at https://stripe.com/au/ssa and their Privacy Policy at https://stripe.com/au/privacy. You can access Braintree’s Services Agreement and Privacy Policy at https://www.braintreepayments.com/au/legal.

Current Information Required. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft), or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your Subscription under your billing account unless you have terminated your Subscription as set forth above.

What if I want to stop using Sports.com?

Sports.com is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including if:

you have breached any of these Terms;
you fail to pay any correctly billed charges when due; or
you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

Sports.com has the sole right to reasonably decide whether you are in violation of any of the restrictions set forth in these Terms. If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

issue a warning to you;
immediately withdraw your right to use any of the Services (either temporarily or permanently);
institute legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; or
disclose of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Account termination may also result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Upon termination of any Subscription or Service or your account, for any reason (including where, in accordance with these Terms, you cancel or do not renew your Subscription):

all rights granted to you under these Terms will immediately cease;
you must promptly discontinue all use of the relevant Services; and
you must pay us all outstanding amounts that you owe us.

Any of these terms that, by their nature, should survive termination of the agreement between you and us shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use Sports.com App available via the Apple App Store or Google Play – should I know anything about that?

You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at https://www.apple.com/au/legal/internet-services/itunes/au/terms.html and https://play.google.com/intl/en_au/about/play-terms/. Sports.com is not a party to any In-App Purchase.

These Terms apply to your use of all the Services, including the Application, but the following additional terms also apply to the Application:

Apple

If the Application that you download, access, or use is downloaded from the Apple App Store:

Both you and Sports.com acknowledge that the Terms are concluded between you and Sports.com only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, subject to your rights under the Australian Consumer Law, including the consumer guarantees, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Sports.com, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sports.com, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Sports.com acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and Sports.com acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Google

If the Application that you download, access or use is downloaded from Google Play:

You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Play due to (a) an allegation of infringement, or actual infringement, of any third-party Intellectual Property Right; (b) an allegation of, or actual violation of, third-party rights; or (c) an allegation or determination that such Product does not comply with applicable law, then the Application will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the Application.
You may also be able to claim a refund from Google for purchases made in the Application if you qualify under the Google Play refund policy (in addition to your rights under the Australian Consumer Law).
Google grants to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application. The “User” means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.

What else do I need to know?

Warranty Disclaimer. Neither Sports.com nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services subject to your rights under the Australian Consumer Law. We cannot and do not guarantee that any content of the Services will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content. THE SERVICES AND CONTENT ARE PROVIDED BY SPORTS.COM (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. This foregoing Warranty Disclaimer only applies to the extent allowed by applicable law (including the Australian Consumer Law).

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Sports.com, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including legal fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Choice of Law. These Terms are governed by and will be construed in accordance with the laws of Australia and each party submits to the non-exclusive jurisdiction of the courts of Australia.

Miscellaneous. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sports.com agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sports.com, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.

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TERMS AND CONDITIONS