This user agreement ("Agreement") is entered into between Spordle Inc. ("Spordle") and the user ("User", "you", "your") to govern your use of Spordle Solutions ("Solutions" ) which you will access from one of the Spordle platforms. Please read this agreement carefully. By accessing, browsing or using the Platform, you agree to be bound by these Terms of Service and any related policies or guidelines, including any subsequent modifications or modifications.
2. Access to the Platform
During the process of creating your user account ("Account"), the user will be required to choose a password to access the Platform. The user must ensure that his password remains confidential at all times since he is entirely responsible for any and all activity related to the use of his password. Each password is to be used by one user only and is not transferable. If User becomes aware of any breach of security (as that term is defined below) using User's account, User should immediately notify Spordle and change User's password. Unless User has already notified Spordle of the breach, User acknowledges that Spordle shall have the right to treat any instruction transmitted using User's password as having been authorized by User and shall have no obligation to trace the origin of such instruction. User agrees not to authorize any use of the Platform that is likely to damage, disrupt or unreasonably interfere with its proper operation.
After choosing a password, the user will obtain an account that allows him/her to access the platform. The user will have the option to add people ("members") to his/her account or to keep his/her account private. User represents and warrants that User has the legal authority, as a parent, guardian or in any other capacity, to provide Spordle with information regarding such Members or is otherwise expressly authorized by such Members to provide and use such information as provided herein. User represents and warrants that each Member understands that User and other Members may access their information through the Account and consents to grant such access.
3. User's Responsibilities
You are solely responsible for your activities on our Service, including all content you submit or that a third party submits on your behalf or uses your account. You agree to indemnify Spordle and its shareholders, directors, officers, employees, agents, successors and assigns from and against any and all claims, actions, demands, suits, proceedings and all related losses, liabilities, damages, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees) incurred by any indemnified party arising out of: (a) any violation of law or regulation by your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms of Service, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of any third party's intellectual property rights by any User Content that you submit or that a third party submits on your behalf or through your account.
In addition, Spordle takes no responsibility for any damages, injuries or other consequences from you using Spordle Content (e.g., drilling skills and videos). These videos are for informational purposes only and you and you alone must decide if you can safely perform the techniques demonstrated. Many athletes or other active activities or hobbies, including those that may be described or displayed in the Spordle Content, should only be performed under the direction of qualified professionals and using appropriate safety equipment and personnel. You accept all responsibility and release Spordle from any liability arising from or in connection with your use of such content.
This Agreement is effective upon acceptance by User and will remain so until terminated by User or Spordle. This Agreement may be terminated by Spordle without cause at any time after the User receives notice of termination.
If the account remains inactive for a period of 12 months, Spordle reserves the right, in its sole discretion, to close the account, without notice. Except in the cases provided for in this agreement, the user may re-register for the platform at any time.
If a party violates any of the terms of this Agreement (each violation being a (“Default”) and such default is not remedied within 10 days (“Remediation Period”) following the date of receipt of a notice of default from the injured party, this agreement may be terminated by the injured party at the expiration of the remediation period.
5. Limitation of Liability
We are not responsible for any indirect, special, incidental, consequential or punitive damages (including, but not limited to, loss of use, loss of profit, or loss of data), whether it is contractual action, tort (including, but not limited to negligence), equity or otherwise, arising out of the use or inability to use this site or the related materials from unauthorized access or modification of data.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions, or damages, so some of the above exclusions may not apply to you.
6. General Provisions
a. Governing Law and Jurisdiction:
b. Entire Agreement:
This Agreement sets forth the understanding and agreement between Spordle and User with respect to the purpose pursued by User in connection with User's use of the Platform. This Agreement supersedes and incorporates all prior written, oral or other agreements, discussions, negotiations, commitments and understandings regarding our products and services.
c. Severability of Terms:
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and construed to effectuate the intent of the original provision to the fullest extent of the law, and the remaining provisions of this Agreement shall remain valid.
d. Changes to these Terms and Conditions of Use:
7. Conduct Policy
If you wish to report any violations of this Conduct Policy, please contact us at firstname.lastname@example.org.
8. Repeat Violation Policy
We reserve the right, without notice and in our sole discretion, to terminate your account and license to use the Service and to block or prevent future access to and use of the Service.