Terms of Service
SPRTER Terms of Service and End User License Agreement
Effective Date: June 18th, 2018
Last Updated Date: May 6th, 2019
Thank you for your interest in Athlete CRUSH Inc.’s SPRTER application. Before you get started please view the Terms of Service outlined below. You can find this SPRTER Terms of Service and End User License Agreement (the “Terms”) on the SPRTER mobile app under “Settings” and in the footer of the SPRTER website available at www.sprter.com. If you have any questions about these Terms, please email firstname.lastname@example.org.
The term “SPRTER App” or “App” refers to Athlete CRUSH Inc.’s social media platform, SPRTER, including the website located at www.sprter.com, and the SPRTER iOS, Android, and other mobile applications, services, webpages or online properties offered by SPRTER
The terms “Athlete CRUSH”, “Athlete CRUSH Inc.”, “We”, and “Us” refer to Athlete CRUSH Inc. and its affiliated entities.
The term “You” refers to you.
The SPRTER App is offered for free to users, with the voluntary option of opting in to paid premium services.
1) Highlights and Key Terms
The following highlights are provided for your benefit only and do not constitute binding provisions of these Terms. As outlined in more detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
- The SPRTER App is licensed, not sold, to you, and you may use the SPRTER App only as set forth in these Terms;
- The use of the SPRTER App may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and excess data charges, which are your sole responsibility;
- We provide the SPRTER App to you on an “as is” basis without warranties of any kind and our liability to you is limited;
- Disputes arising between you and us will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, AS PROVIDED IN GREATER DETAIL IN SECTION 19 BELOW, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION;
- If you are using the SPRTER App on an iOS-based device, then you acknowledge and agree to the “Notice Regarding Apple,” below;
- Athletes wishing to compete within the framework of the National Collegiate Athletic Association (NCAA) agree to not perform actions on the SPRTER App that will impact their amateur status and eligibility (further elaborated in Section 26); and
- If you post any Objectionable Content (defined in Section 12 below) on the SPRTER App, then we may – but have no obligation to – take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 7.1 below), removing all of your content from the SPRTER App and/or reporting you to law enforcement authorities, either directly or indirectly.
The SPRTER App is based in the United States. It is not designed or customized for any other country. You may use the SPRTER App only if it fully complies with the laws of the country from which you are accessing the SPRTER App.
The SPRTER App is designed for use for people aged 17 years or older. Your use of the SPRTER App indicates that you are at least 17 years old. If you are under 18, you must have a relevant parent or guardian look at and agree to these Terms and supervise your use of the SPRTER App. Parents and Guardians who choose to allow a child to use the SPRTER App agree that their child is at least 17 years old and that they will monitor the child’s use of the service. We encourage you to use hardware and software filtering services to help protect the information your child may be exposed to (e.g., swearing). If you are aged 18 years or over you are responsible for your own conduct and usage of the SPRTER App and agree to abide by the Terms set out in this document.
4) The Terms
These Terms are a legally binding contract between you and us, so please read them carefully. By accessing and/or using the SPRTER App, you agree that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, then you may not use the SPRTER App. Please delete it and do not visit the website.
We may change these Terms at any time, for any reason at our sole discretion and without notice. The current Terms will be posted on the SPRTER App, and we’ll announce any material changes to you. If you continue to use the SPRTER App after the effective date of a change to the Terms, that means you’ve accepted and agree to the changed terms. If you object to any of the changes, then your sole recourse is to stop using the SPRTER App. Notwithstanding the preceding sentences of this Section 4, no revisions to these Terms will apply to any dispute between you and us that arose prior to the date of such revision.
We may also change, suspend or discontinue any aspect of the SPRTER App or any of its features, functions or content at any time, without notifying you or getting your approval.
6) Mobile Services
Certain SPRTER App services may be accessible via a mobile phone, tablet, or other wireless device (“Mobile Services”). Your mobile carrier’s normal messaging and data charges, and other rates and fees will apply to your use of the Mobile Services and these are your sole responsibility. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the SPRTER App and the related Mobile Services must be in accordance with these Terms.
You must register an account (“Sign Up”) on the SPRTER App (an “Account”) before you can use the full functionalities of the SPRTER App, including posting User Content. We do offer a “Preview as a Spectator” mode which lets you browse the App for twenty (20) swipes, but does not allow you to post or give you access to the whole SPRTER App.
7.1) Account Termination: Your SPRTER App account can be cancelled at any time, for any reason or no reason – by either you or us. If you no longer wish to use the SPRTER app, please delete your account in the App and/or contact customer support at email@example.com.
Any decision by us to terminate or suspend your account, limit your access to anything on the SPRTER App, change eligibility criteria, remove your User Content or deny access, is allowable and subject to our sole and complete discretion and without any liability to you. Usually this may occur due to misuse of our services, such as a violation of these Terms, violation of the rights of a third party, or some activity that may cause harm to us, you or other users of the SPRTER App.
8) Stay In Control
Please keep control of your login, password and other account information, and don’t give them to anyone else. If you let anyone else log in to the SPRTER App as you, then as far as we are concerned it is you. If they do something wrong, you will be responsible for their actions under your login/password and any harm that may result. If you think someone may have stolen your login, or otherwise hacked your account, let us know right away by contacting us at firstname.lastname@example.org.
9) Names & Screen Names
When you join, you’ll be asked to enter your real name; or select a screen name to identify you on the SPRTER app. When you select a screen name, the following rules apply:
- Be a good sport. Don’t include references to illegal behavior, obscenities, or anything that others might reasonably find abusive. Basically, don’t use names you wouldn’t tell your mum.
- Be yourself. Actually yourself. That means don’t pretend you are someone else, such as a well-known athlete or celebrity.
- Don’t use anything (names, companies, brands) to which you don’t have the rights, proprietary terms, or trademarks.
We have the right to review, edit, reject, or delete any screen name, but we are not obliged to. We pay attention, but we can’t be awake 24/7, so the fact that a screen name gets displayed on the SPRTER App doesn’t necessarily mean we approve of it.
You grant us a royalty-free license to use your screen name, image, voice, and likeness to identify you as the source of any of your User Content.
We have the right to review, edit, reject, or delete any screen name, but we are not obliged to. We pay attention, but we can’t be awake 24/7, so the fact that a screen name gets displayed on the SPRTER App doesn’t necessarily mean we approve of it.
You grant us a royalty-free license to use your screen name, image, voice, and likeness to identify you as the source of any of your User Content.
You can select a unique username on the platform according to the requirements outlined within the platform. We reserve the right to change, reclaim, or force forfeiture of usernames if we believe if it is necessary or appropriate. Examples include, but are not limited to, username squatting, trademark violations, and trading usernames.
- Username squatting is prohibited. Accounts without a profile picture or updates for a reasonable period of time may be deemed as username squatting. Inactivity is defined by a user not logging in during a three month period.
- Trademark violations are prohibited. Accounts that mislead or confuse people about your affiliation or impersonate a person or company may be subject to trademark infringement. For example, the username appears unrelated to the user’s day-to-day name.
- Trading usernames is prohibited. Attempts to buy or sell usernames in exchange for compensation may be deemed as username trading.
If we determine you have or are violating username policies, we may suspend or even remove your account. We do not actively monitor accounts and content, and only act when complaints are filed. To file a complaint, send an email to email@example.com where you clearly outline the issue of the complaint.
10) Our License to You
The SPRTER App is licensed, not sold, to you for use only under these Terms. Wholly subject to your complete and ongoing compliance with these Terms, we hereby grant you a personal, limited, revocable, non-transferable license to access and use the SPRTER App.
When we refer to “content,” we mean everything you can see or hear on the SPRTER App including, but not limited to: pictures, video, audio, articles, features, graphics, messages, posts, comments, user names, tags, files, software, and interactive features. There are two types of content on the SPRTER App: a) what we (or our advertisers and partners) post, and what our users post.
10.1) Our Content: Everything that we put on the SPRTER App is owned by us or by one of our licensors or partners. This content is protected by copyright laws, trademark laws, and various other laws. Using the SPRTER App does not give you ownership of any of that, in any way. We do, however, give you permission to use it on the SPRTER App, but only while you are there and for the permitted activities you might do there, and only for your personal, non-commercial use.
Our users are permitted to comment on, interact with, and share all of the content we post so long as this is done within the SPRTER App, or through the designated share buttons included within the App that link to other platforms. This is permissible as long as your actions do not violate in anyway the rights of us or other users. You agree that you will not copy, upload, re-publish, broadcast, transmit, retransmit, post, create derivative works of, publicly perform, publicly display, distribute or use for any commercial purpose our name, logos, service marks or trademarks (or any colorable imitation of any of these), or the names, nicknames, images, likenesses or other attributes of Athletes or Fans without our prior express written permission or as expressly permitted by the features of the SPRTER App. When we use the term “commercial,” it includes activities related to selling, renting, licensing, marketing, advertising, receiving compensation or seeking money for or exploiting any product, service or organization. We or our licensors or service providers own all design rights, databases and compilation and other intellectual property rights in and to the SPRTER App, in each case whether registered or unregistered, and all related goodwill.
10.2) Trademarks: Our trademarks, service marks, and logos (the “Athlete CRUSH Inc. Trademarks”) used and displayed on the SPRTER App are our registered and unregistered trademarks. Other product and service names located on the SPRTER App may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Athlete CRUSH Inc. Trademarks, the “Trademarks”). You may not remove, cover or distort, any Trademarks identifying the ownership or origin of any of our content. All goodwill generated from the use of any Athlete CRUSH Inc. Trademark will inure solely to our benefit. There are no implied licenses in these Terms to use the Trademarks without authorization.
11) User Content
All content that is posted to the SPRTER App by a user – including you (“User Content”) – is the sole responsibility of the user who created it and/or from whose account it was posted. The User Content you post on the SPRTER App is public.
For everything you might contribute to the SPRTER App, you retain ownership of it, but you irrevocably give us (and our affiliates, representatives, sublicensees and assigns) the worldwide, unrestricted, assignable perpetual, unlimited, royalty-free, fully paid-up right and sublicensable license to use your User Content in any manner, including, by way of example and not limitation, to distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and create derivate works of such User Content, for any purpose and in any medium, whether now known or later developed, world-wide, including on a for profit basis.
We have no obligation to keep using or displaying your User Content on the SPRTER App, but if we choose to we can do so for as long as we deem fit. We also retain the right to use this content in other ways – for example, we might develop new features on the SPRTER App, or develop commercial products for sale, that are based on ideas or suggestions contained in posts by you or other users, and we have no obligation to compensate you for such use or even notify you of such use. We might also highlight your User Content, change it, incorporate it into other content, use it in contests, quizzes, or sweepstakes, display advertisements (including targeted ads) in connection with your User Content and to use your User Content for advertising and promotional purposes, and/or post or use it in any medium (inside and outside of the SPRTER App), in consideration for us granting you access and use of the SPRTER App but without any additional compensation to you.
We own all rights, titles, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Content (but we do not own your original User Content). When you use a feature on the SPRTER App that allows users to share, transform, readapt, modify, or combine User Content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual right and license applicable worldwide to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your User Content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section 11 will survive the termination of these Terms.
You represent and warrant that a) you have the right to use, share and license to us all User Content that you post or provide on the SPRTER App, including the right to license to us the right to use the content as contemplated in these Terms; b) that such User Content does not and will not infringe, violate or misappropriate the rights of anyone or violate the law; c) that the posting of your User Content on the SPRTER App will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and d) the posting of your User Content on the SPRTER App does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your posting your User Content on the SPRTER App, so do not contribute or post any confidential, defamatory, commercially sensitive, secret, or proprietary content. You agree that you are solely responsible for all of your User Content, and we are not responsible for any loss, theft or damage to, or caused by, your User Content or any other User Content.
We have no obligation to preserve, review, host, display or maintain any content posted by you or any other user. We reserve the right to reject or remove it from the SPRTER App at any time, for any or no reason, and without notifying the user who posted it. We reserve the right to monitor all content posted to the SPRTER App, and to take down anything we think should come down, with or without notice, and without any liability to you, but we don’t have to monitor content or remove any User Content except as required by law. We strive to keep the platform positive, but we are not responsible for anything another user may post to the SPRTER App. If you see something posted that you find improper or offensive, please report this to us by clicking on the “envelope and three dots” icon in the top right-hand corner of the specific post and then click on the “Report” button. We also encourage you to cease following and looking at such content immediately.
All content and materials provided on the SPRTER App are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. You rely upon any User Content at your sole risk.
12) Rules and Content Boundaries
The SPRTER App offers numerous services and lots of opportunities for you to interact with others. Those activities and tools are offered for your personal information and entertainment. We want to keep this site fun for all participants. Please use them only for that purpose.
Post or transmit anything that is inappropriate for a family site (“Objectionable Content”) – this includes:
- Obscenities, references to illegal behavior, sexually explicit, vulgar, violent or pornographic content, anything others might reasonably find to be threatening, abusive, disrespectful, defamatory, denigrating, derogatory, racist, sexist, hateful, embarrassing, bullying, discriminatory, or inflammatory.
Post or transmit anything you don’t have the right to use – this includes:
- Other people’s private and confidential information, such as credit card numbers, street address, telephone number, email address, or Social Security/National Identity numbers, without their express authorization and permission, intimate photos or videos, particularly if taken or distributed without the subject’s consent, content that infringes on, invades the privacy of, or violates the rights of another or anything that is false, deceptive or misleading.
Do not post or transmit ads or commercial messages (including promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other solicitation), or use the SPRTER App to send emails or other communications to persons who have requested that you do not send them communications.
The purpose of the SPRTER app is to provide an inclusive and positive environment for the world of sport to connect. In order to accomplish this and protect our users, we have very strict rules surrounding hate speech within the platform.
SPRTER reserves the right to remove the account of any user who engages in any form of hate speech.
SPRTER reserves the right to make the decision whether or not a user has engaged in hate speech.
If a user is found to have engaged in any form of hate speech, their account will be immediately deleted from the platform.
Do not make unauthorized copies or derivative works of any content made available on or through the SPRTER App. Do not impersonate anyone (real or fictitious), including in a manner that does or is intended to mislead, confuse or deceive others, misrepresent your affiliation with any person or business or provide any false information to us. Do not create a new account with the SPRTER app, without our express written consent if we have previously disabled an Account of yours. Do not solicit, or attempt to solicit, personal information from other users of the SPRTER app, download or summarize or abstract the SPRTER App or any of its content for use anywhere else, except through the SPRTER App’s officially designated “Share” buttons (subject to the restrictions discussed elsewhere in these Terms). Do not try to hack the SPRTER App, or access anything you are not supposed to, like other user data, for example (including data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the SPRTER App, our network or databases). Do not post or transmit spam or anything that might overburden, restrict, disrupt, circumvent the security measures of or harm the SPRTER App – files too large for the infrastructure to handle, viruses, Trojans, bots, adware, malware, spyware, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment, and so on. Do not use the SPRTER App for any unlawful purpose or in furtherance of illegal activities, or to engage in targeted abuse, stalking or harassment.
Do not violate any local, state, national, or international law or regulation, or disobey any requirements, procedures, policies, or regulations of networks connected to the SPRTER App or assist or cause others to do or say anything that you are prohibited from doing or saying under these rules.
You agree not to use the SPRTER App to do any of the conduct listed in the above bullets. If you do any of these things, or if you do anything else that we think interferes with the ability of other people to enjoy the SPRTER App, we have the right to ban you from the SPRTER App and take any other action we believe is appropriate. International users (outside of the USA) must comply with all local laws regarding online conduct and acceptable content.
17) External Sites
The SPRTER App may contain links and pointers to other internet sites and resources, like e-commerce sites, games or sweepstakes, or just other informational sites (collectively, “External Sites”). These are provided for your convenience, and we don’t necessarily endorse them or guarantee their availability, accuracy, legality, performance or safety. If you choose to follow any links to External Sites, then you proceed at your own risk. Such External Sites are not endorsed, sponsored, administered or operated by us, and you agree that we will not be liable for, and you (or anyone on your behalf) will not assert any claims, demands, causes of action, losses, liabilities, damages or judgments against us arising out of or in connection with the External Sites, including any promotion, advertisement, operation, entries or prizes in connection therewith.
You’ll have the ability to share links to SPRTER App content. Links should never be relabeled or edited, for example, so as to suggest any sponsorship or affiliation between you and us, nor should any accompanying material make any such suggestion. We have the sole and exclusive right at any time and for any reason to require that any link to the SPRTER App be modified or removed.
We welcome feedback, comments and suggestions from our users. If you choose to contribute by sending us, our employees or our partners any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will strictly apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
We have no obligation to read, review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any manner; and
You irrevocably grant us perpetual and unlimited permission to use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
15) Limitation of Warranties and Remedies
THE FOLLOWING TERMS IN THIS SECTION 17 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
We want the SPRTER App to be an entertaining and inspiring place, but we provide it “as is.” That means that we make no promises that the SPRTER App is accurate, complete, reliable, current, secure or error-free; that it will operate or be accessible without interruption; or that the SPRTER App will be free from viruses or other harmful components. We also do not verify, endorse or undertake to exert editorial control over anything posted by other users. It is your responsibility, and not ours, to review the information on the SPRTER App, determine its completeness, effectiveness, accuracy and suitability for your use and pay for any damage resulting from such use. You use the SPRTER App completely and wholly at your own risk.
YOU ACKNOWLEDGE AND AGREE THAT: (A) YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SPRTER APP IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SPRTER APP; (B) THE SPRTER APP AND OUR CONTENT IS PROVIDED “AS IS,” YOUR USE ON THE SPRTER APP AND/OR ANY OF ITS CONTENT AND/OR DATA ARE SOLELY AT YOUR OWN RISK AND YOU WILL SOLELY BE RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM; AND (C) WE AND OUR RESPECTIVE AFFILIATES, MEMBERS, TRUSTEES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, AND TOGETHER WITH US, THE “Athlete CRUSH Inc. PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, TO THE FULLEST EXTENT UNDER THE LAW, (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SPRTER APP). THE ATHLETE CRUSH INC. PARTIES DO NOT WARRANT THAT THE SPRTER APP WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS IN THE SPRTER APP OR CONTENT, INCLUDING USER CONTENT, WILL BE CORRECT OR CORRECTED, OR THAT THE DATA, INFORMATION AND/OR CONTENT (INCLUDING THE ACCURACY OR RELIABILITY THEREOF) OBTAINED ON OR THROUGH THE SPRTER APP IS APPROPRIATE FOR ANY PURPOSE. NO STATEMENTS MADE BY ANY OF THE ATHLETE CRUSH INC. PARTIES TO YOU, OR OTHERWISE OBTAINED THROUGH THE SPRTER APP WILL CHANGE THIS DISCLAIMER OR CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WILL ANY OF THE ATHLETE CRUSH INC. PARTIES BE LIABLE (UNDER ANY THEORY OF LIABILITY) FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, AND EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO USE OF, ACCESS TO, RELIANCE UPON, CONTENT OF, SECURITY OF, OR INABILITY TO USE THE SPRTER APP OR ANY PART OF IT. WITHOUT LIMITING ANY OF THE FOREGOING, YOU AGREE THAT NONE OF THE ATHLETE CRUSH INC. PARTIES SHALL BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY (1) SHOULD WE MODIFY OR DISCONTINUE THE SPRTER APP; (2) FOR REMOVING YOUR USER CONTENT OR ANY OTHER CONTENT (AT ANY TIME) OR SUSPENDING, LIMITING, REFUSING OR TERMINATING YOUR ACCESS TO THE SPRTER APP (OR ANY CONTENT OR OTHER PORTION THEREOF); (3) FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD; AND (4) FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE, INCLUDING THROUGH LINKS FOUND ON THE SPRTER APP.
IN ANY CASE, OUR MAXIMUM LIABILITY FOR ANY CLAIM YOU MAY HAVE AGAINST ANY OF THE ATHLETE CRUSH INC. PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SPRTER APP OR USE THEREOF IS U.S. $100 OR THE MINIMUM PERMITTED BY LAW.
16) Indemnification by You
To the fullest extent permitted by law, you agree to indemnify, defend and hold the ATHLETE CRUSH INC. Parties harmless and free from responsibility from and against all claims, actions, liabilities, damages and expenses (including court costs, legal fees, and amounts paid in settlement) arising out of or relating to: (A) your use of the SPRTER App (including any third party claim that any of the User Content posted by you or your account infringes any third party proprietary right); and/or (B) any actual or alleged violation of these Terms by you. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case, you agree to cooperate with our defense). You are solely responsible and liable for: (i) any breach of your representations, warranties, covenants or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by us or third parties; (ii) all activities that occur under your registration or account to the SPRTER App; and (iii) any actions and omissions by any of your personnel and/or other persons and entities under your control or supervision.
17) How Disputes Are Resolved and What Law Applies
When you accept these Terms, you and we are entering into a binding contract. That contract and our relationship with one another arising from your use of the SPRTER App will be governed by the laws of the State of Delaware (USA) applicable to contracts entered into and performed exclusively in that State.
If you and we have any sort of legal dispute or claim arising out of or relating to your use of the SPRTER App, and it can’t be resolved by friendly discussion, then you agree that it will be submitted to final and binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the SPRTER App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
18.1) Exceptions: Notwithstanding the language above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (A) bring an individual action in small claims court; (B) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (C) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (D) to file suit in a court of law to address an intellectual property infringement claim.
18.2) Arbitration Rules: Arbitration under these Terms will be conducted in Delaware (USA), under the Commercial Arbitration Rules then in effect of the American Arbitration Association, by a single arbitrator selected under such rules. The arbitrator will have full power to subpoena and to fashion appropriate remedies, including to grant equitable, injunctive and/or declaratory relief. Neither punitive damages nor trebled or otherwise escalated damages shall be awarded. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement thereof as the law of such jurisdiction may require or allow. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
18.3) Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Our address for Notice is: 1438 Germantown Ave., Philadelphia, PA, 19122, Attn: Thilo Kunkel. The Notice must: (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by us prior to selection of an arbitrator, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator’s award; or (iii) $5,000.
18.4) Fees: If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $5,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Delaware, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (A) solely on the basis of documents submitted to the arbitrator; (B) through a non-appearance based telephone hearing; or (C) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.5) No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this subsection is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void.
18.6) Modifications to this Arbitration Provision: Except as otherwise provided in these Terms, if we make any future change to this arbitration provision, other than a change to our address for Notice, then you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to the SPRTER App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If disputes arise between you and anyone other than us (including other users), we have no obligation to participate or assist either party.
19) Notice and Procedure for Making Claims of Infringement and Regarding the Digital Millennium Copyright Act (DMCA)
Digital Millennium Copyright Act Policy
We respect the intellectual property rights of others just as we expect others to respect our rights. Accordingly, we have a policy of removing user content that violates copyright law, suspending access to the SPRTER App (or any portion thereof) by any user who uses the SPRTER App in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the SPRTER App in violation of copyright law. These policies may apply to other forms of infringement. If you believe a user of the SPRTER App is infringing your copyright, trademark or other intellectual property right, please provide written notice to our Designated Agent. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent. We have designated Thilo Kunkel to the U.S. Copyright Office as the agent to receive notifications of claimed infringement relating to this SPRTER App (the “Designated Agent”). As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3). You should consult with your own lawyer and/or see 17 USC §512 to confirm your obligations to provide a valid notice of claimed infringement.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt attention.
Thilo Kunkel, CEO
ATHLETE CRUSH INC.
1438 Germantown Avenue
Philadelphia, PA 19122
Counter Notification – Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
- Email your counter notice to our DMCA Agent:
Thilo Kunkel, CEO
ATHLETE CRUSH INC.
1438 Germantown Avenue
Philadelphia, PA 19122
Repeat Infringer Policy
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
Our Business Address:
ATHLETE CRUSH INC.
1438 Germantown Avenue
Philadelphia, PA, 19122
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Designated Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question. We may also terminate the accounts of users at any time, without notice and without liability to you, in our sole discretion, including for violations of these Terms.
You agree to transact with us electronically. Your affirmative act of registering, using or logging into the SPRTER App constitutes your acceptance signature to these Terms. AT OUR DISCRETION, WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (A) VIA EMAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (B) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the SPRTER App.
21) Additional Applications
We may offer additional software applications to help you gain access to the SPRTER App. In such circumstances, we will grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely on the devices you will use to access the SPRTER App. You agree that we may provide you from time to time with automatic upgrades of these applications, which you will accept for installation. Please note that certain retail application stores that offer our applications may have separate sales terms that will be binding on you if you elect to download our applications from such merchants. Our software is offered solely to individuals for personal, non-commercial use. Users acquire the software with only those rights set forth herein. Your use of the software must comply with all applicable laws and regulations of the United States and any other applicable jurisdictions.
You may not copy, make derivate works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicense or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the SPRTER App or out networks. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.
22) Term and Termination
As between you and us, the term of these Terms commences as of your first access or use of the SPRTER App and continues until the termination of the Terms by either you or us. Any rights and obligations created by these Terms and which by necessary implication continue after expiration or termination, including any provisions relating to ownership and/or your licensing to us of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue, jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the services or content, will survive any termination or cancellation of these Terms, the SPRTER App or your registration. If any portion of any term in these Terms is declared unlawful, void or for any reason unenforceable by any court or arbitration panel, then all other terms will remain in effect and you agree that the court or arbitrator should endeavor to give effect to the intentions of us and you as reflected in these Terms; but, if such endeavor is impossible, then such portion will be deemed severable from the remaining term(s) and will not affect the validity and enforceability of such remaining terms.
The section headings in these Terms are for convenience only and must not be given any legal import. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms, and our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the SPRTER app. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted in these Terms are reserved to us. You agree that we may assign or sublicense any of our rights, and/or transfer, subcontract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign them to any third party. For purposes of these Terms: (A) if you are accessing the SPRTER App as an employee or representative of a company or organization, these Terms are binding upon both you individually and that company or organization, and references to “you” shall apply to you individually and such company or organization; (B) any form of the word “include” shall be considered to be followed by the words “without limitation”; and (C) whenever you are restricted from taking any action hereunder, you are also restricted from directly or indirectly authorizing, permitting or cooperating with a third party or affiliate to take such action. These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the SPRTER App, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. You also agree to abide by the terms of any agreement to which you agree when downloading any software that we make available through the SPRTER App and/or when using particular elements of the SPRTER App (e.g., terms specific to a provider or relating to payment).
24) NOTICE REGARDING APPLE. You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the SPRTER App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the SPRTER App. In the event of any failure of the SPRTER App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant SPRTER App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the SPRTER App. Apple is not responsible for addressing any claims by you or any third party relating to the SPRTER App or your possession and/or use of the SPRTER App, including, but not limited to: (A) product liability claims; (B) any claim that the SPRTER App fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the SPRTER App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the SPRTER App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and 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 a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If we provide a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
25) NCAA-specific information
Users interested in competing within the framework of the National Collegiate Athletic Association (NCAA) need to maintain amateur status. To not jeopardizing their amateur status and related eligibility to compete within the NCAA framework Users agree to not use The SPRTER app for any activity that may impact their amateur status, including:
- Signing a contract with a professional team.
- Playing with professionals.
- Participating in tryouts or practices with a professional team.
- Accepting payments or preferential benefits for playing sports.
- Accepting prize money above expenses.
- Accepting benefits from an agent or prospective agent.
- Agreeing to be represented by an agent.
- Linking their Venmo or PayPal account on their profile.
For more information, see this website: http://www.ncaa.org/student-athletes/future/amateurism
26) Linking Venmo and PayPal accounts
- i) The role of the SPRTER app platform
The extended version: All the SPRTER app is is a platform to connect athletes, fans, charities and brands and does not represent itself in any way as a Financial Institution or Charity: Our Services are to provide a platform only. The SPRTER app allows Users to enter their Venmo name and PayPal account email information on their SPRTER app profile. Athlete CRUSH Inc. is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation (“Charity”).
All of the information and content provided by Athlete CRUSH Inc. relating to Our Services is for informational purposes only, and as such we do not guarantee the completeness, timeliness, accuracy or reliability of any such content or information. Nor is any content or information intended to provide financial, legal, tax or any other professional advice. Before making any decisions regarding any User Campaigns, Charities, Donations, Donors, or anything else, you should consult your financial, legal, tax or other professional advisor(s). You acknowledge that any and all content and information you access using Athlete CRUSH Inc. products and services is at your own risk.
Athlete CRUSH Inc. has no control over the conduct of, or any information provided by, a Campaign Organizer or any other User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that any User will gain any Donations at all. We do not explicitly endorse or support any Campaign, Campaign Organizer, or Charity, and we make no express or implied guarantee, that any information provided through any Athlete CRUSH Inc. Service is accurate. We disclaim any liability or responsibility for the outcome, success, or failure of any Campaign and we hold no responsibility with respect to anything posted on our Services. All Users must make the final determination as to the value and appropriateness of creating or contributing to any other User, Campaign, Campaign Organizer, or Charity.
- ii) The role and responsibility of users linking their Venmo and/or PayPal information
The short version: Do not lie, deceive Users or commit Fraud. Fraud refers to (i) breaking the law; (ii) lying about or providing misleading information on their SPRTER app profile; or (iii) lying about or being misleading about their identity or their relationship to the recipient of Donations or Funds. These features should not be used by NCAA collegiate athletes or athletes planning to become NCAA collegiate athletes, without prior consent from the NCAA.
The extended version: All Users and Campaign Organizers, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Campaign will be solely used as described in the information you provide; (iii) you will not infringe the rights of others; (iv) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures for your Campaign(s); and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize and give Athlete CRUSH Inc. the right to, provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation as we in our sole discretion deem appropriate.
As a condition of using the PayPal and Venmo features via the SPRTER app, you agree to the following:
(i) Any information you enter, either as a donor or recipient, is at your own risk. You will not hold Athlete CRUSH Inc. responsible for any errors or delays in transfers caused by any means.
(ii) You understand that The SPRTER app only acts as a platform to connect, and that we do not have any responsibility for the actual transference of funds. This process is handled via either PayPal or Venmo and we merely link out to these sites via our app.
(iii) Athlete CRUSH Inc. does not take any cut of donated funds, and bear no responsibility pursuant to any kind of legal action, should a transfer be delayed or impacted by an error caused by any means.
(iv) You will use these features in a way that complies with all relevant laws and that you will not use these features as a means to fund anything other than the goal or goals stipulated.
(v) Any features enabling the sending / receiving of funds are not to be used by NCAA or other collegiate athletes as doing so may contravene with the terms and conditions of your scholarships, tuition waivers or University enrollment requirements, or it may jeopardize your NCAA eligibility and the possibility of obtaining a scholarship, tuition waivers or University enrollment requirements in the future.
By posting Content on the SPRTER platform, you explicitly grant Athlete CRUSH Inc. a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Content including, without limitation, your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service. You acknowledge that you unequivocally have the right to grant this license. When you use the SPRTER platform to raise funds, you acknowledge and agree that Athlete CRUSH Inc. is not responsible for your use of the Campaign and you use the Campaign at your own risk.
iii) The role and responsibility of users making Donations or Transactions.
The short version: Make sure to do your research on who you send funds.
The extended version: All Donations and Transactions are at your own risk and we bear no responsibility for donations. When you make a Donation to Users, it is your responsibility to understand how your money will be used. We are in no way responsible for any offers, promises, rewards or promotions made or offered by Users, Charities, Campaigns or Campaign Organizers. We will not, do not and cannot verify the information that Users supply, nor do we represent or guarantee that the Donations will be used strictly in accordance with any fundraising purpose prescribed by a User, Campaign Organizer or Charity or in accordance with applicable laws. Notwithstanding this, we will take any fraudulent activity and the misuse of funds seriously and take appropriate action against those found to be misrepresenting themselves on our platforms. We rely on the SPRTER community to inform us if you have a suspicion that an User is committing Fraud on the SPRTER platform. Fraud is defined in the section “The role and responsibility of users linking their Venmo and/or PayPal information”.