Sportsite EULA

Sportsite End User Licence Agreement (EULA)

Last Updated: 10 September 2020

PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement ("SPORTSITE") governs your use of Sportsite application, software, their associated upgrades, patches, and updates and related services (the "Product") currently provided or which will be provided by Sportsite, or any one of its subsidiaries or affiliated companies.

This EULA sets out the basis on which SPORTSITE makes the Products available to you ("User" or "You") and on which You may use them. By installing or using the Product, You agree to accept and to be bound by (1) this SPORTSITE and (2) the Privacy Policy and (3) Terms and Conditions at all time. If You do not agree with one of these, please do not install or use the Product.

GRANT OF LICENSE.

SPORTSITE (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the "License"), for such time until either You or SPORTSITE terminates this SPORTSITE. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a licence to do so from SPORTSITE. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.

As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms.

You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product.

While using the Product, You agree to comply with all applicable laws, rules and regulations. In all cases, You may only use the Product according to anticipated use of the Product.

For example purposes, and without limiting SPORTSITE's rights to take action against You, You may not:

create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on SPORTSITE's servers and/or the Product and/or those of its service providers and partners;
create, supply or use alternative methods of using the Products, for example server emulators;
spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
transmitting or communicating any material or content which, in the sole and exclusive discretion of SPORTSITE, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
harassing or threatening any other users in the Product;
make inappropriate use of the help service or the claim buttons or send untruthful reports to members of SPORTSITE's personnel;
falsely claim to be an employee or representative of SPORTSITE or its partners and/or agents;
falsely claim an endorsement in connection with the Product or with SPORTSITE.
create an account if you are a member of a terror or hate group.

OWNERSHIP.

All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by SPORTSITE or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, SPORTSITE's licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without SPORTSITE’s prior permission and, if applicable, SPORTSITE's licensors and representatives. Except as expressly set forth in this SPORTSITE, all rights not granted hereunder to You are expressly reserved by SPORTSITE.

This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

ACCOUNT SECURITY

You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a device that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

COPYRIGHT POLICY

You may only upload content that you have the right to upload and share. Copyright owners may send Sportsite a takedown notice if they believe a user is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

ACCOUNT PROFILE

You grant Sportsite permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Sportsite shall have the right to identify public profiles in its marketing and investor materials.

You grant Sportsite a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to Sportsite on improving our products or services, Sportsite may use your suggestions without any compensation to you.

ACCEPTABLE USE POLICY

We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with our terms and conditions and content restrictions.

CONTENT RESTRICTIONS

You may not submit any content that:

Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
Promotes or supports terror or hate groups;
Exploits minors;
Depicts unlawful acts or extreme violence;
Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
Makes false or misleading claims about vaccination safety;
Conveys false or misleading health-related information that has a serious potential to cause public harm;
Claims that mass tragedies are hoaxes or false flag operations;
Depicts or encourages self-harm; or
Violates any applicable law.

CODE OF CONDUCT

In using our Services, you may not:

Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing partial or full nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute "spam" in any form or use misleading metadata;
Collect personal information about others;
Access another's account without permission;
Engage in any unlawful activity;
Embed our video player on or provide links to sites that contain prohibited content or
Cause or encourage others to do any of the above.

CONSENT TO MONITOR.

When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs that interact with the Product. In the event that the Product detects such an unauthorized third party program, all possible information may be communicated back to SPORTSITE, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.

SPORTSITE is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product. Such communications are the sole responsibility of the user in question.

INDEMNITY.

You are solely responsible for any damage caused to SPORTSITE, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this SPORTSITE.

You will indemnify, defend, and hold harmless Sportsite and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

TERMINATION.

The SPORTSITE is effective from the earlier of the date You download or use the Product, until terminated according to its terms. You and SPORTSITE (or its licensors) may terminate this SPORTSITE, at any time, for any reason with or without notice. Termination by SPORTSITE will be effective upon (a) notice to You or (b) termination of Your SPORTSITE Account (if any) or (c) at the time of SPORTSITE's decision to discontinue offering and/or supporting the Product. This SPORTSITE will terminate automatically if You fail to comply with any of the terms and conditions of this SPORTSITE. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.

Sportsite reserves the right to limit usage of or charge for continued usage (which would require opt-in from you before incurring any charges).

CHANGES TO THIS SPORTSITE OR TO THE PRODUCT.

SPORTSITE reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this SPORTSITE for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this SPORTSITE by clicking on the "SPORTSITE" link located on the Product or on ubi.com. You are responsible for checking this SPORTSITE periodically for changes. If any future changes to this SPORTSITE are unacceptable to You or cause You to no longer be in agreement or compliance with this SPORTSITE, You may terminate this SPORTSITE in accordance with the termination clause and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this SPORTSITE constitutes Your complete and irrevocable acceptance of any and all such changes.

SPORTSITE may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that SPORTSITE may stop to support previous versions of the Product upon availability of an updated version. SPORTSITE’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. SPORTSITE also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.

WARRANTY DISCLAIMER, LIMITATION OF LIABILITY

You expressly acknowledge that use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an "as is" and "as available" basis. Sportsite, Sportsite's licensors, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms included as to: (a) its conformity, accuracy, currentness, completeness, reliability or security (b) its suitability for a particular use; (c) implied warranties of title, non-infringement; (d) its market value; or (e) your satisfaction. Sportsite does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the product, and for the installation of, use of, and results obtained from the product.

To the fullest extent permissible under applicable law, in no event will Sportsite, Sportsite's licensors, channel partners and associated service providers be liable for loss or damage suffered in connection with the use of the product or any related third party service. This includes without limitation (a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (b) direct loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, and (f) indirect loss.

Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with Sportsite or its licensors, channel partners and associated service providers is to cease to use the product.

DISPUTES, ARBITRATION AND CHOICE OF LAW

If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.

Notices: You must send any notices of a legal nature to us by email or at:

[email protected]