Privacy & Terms
Please use the expandable sections below to view our policies.
Privacy Policy
Last Modified: November 22, 2024
1. Introduction
A. Scope of Privacy Policy
Sport:80 Services Limited, its affiliates and subsidiaries, (“Sport:80,” “we,” “our,” or “us”) is committed to safeguarding and preserving the privacy of our visitors ("you") of https://www.sport80.com (the “Website”). This Privacy Policy (together with our Terms of Use and any other documents incorporated herein by reference) explains our practices with respect to the personal data and information that we collect from you. By visiting the Website, or contacting us, you are accepting and consenting to the practices described in this Privacy Policy. “Platform” means our cloud-based platform for sports organizations to deliver online management services to their members (the “Services”) through our Website including Client Sub Domains (defined below) and white label mobile applications utilizing our Services. Any capitalized terms in this Privacy Policy without definition have the meanings set forth in the Terms of Use.
Any changes we make to this Privacy Policy will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Privacy Policy.
On occasion, we include links to third parties on the Website. Where we provide a link it does not mean that we endorse or approve that website’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.
Where we collect your personal data directly through our Website for our own purposes, the data controller is Sport:80 Services Limited of Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, England, S3 8BW.
B. UK data protection regime and the Data Privacy Framework
We comply with the UK data protection regime which comprises the UK GDPR (that is, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), along with the Data Protection Act 2018 (DPA 2018) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (PECR).
Sport:80’s US affiliate, Sport:80 USA, Inc., a Delaware corporation (“Sport:80 USA”), complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce. Sport:80 USA has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (the “EU-U.S. DPF Principles”) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Sport:80 USA has also certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.
Sport:80 USA is also committed to subject to the EU-U.S. DPF Principles all personal data received from the EU, the UK, or Switzerland in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. DPF, respectively. Sport:80 USA also adheres to the EU-U.S. DPF Principles and the Swiss-U.S. DPF Principles. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (“DPF”) program, and to view Sport:80 USA’s certification, please visit https://www.dataprivacyframework.gov/.
The Federal Trade Commission has jurisdiction over Sport:80 USA’s compliance with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
C. Client Sub Domains
If you access our Platform through any of our Website’s sub domains (each, a “Client Sub Domain”) in respect of any of our clients (each, a “Client”), then this Privacy Policy does not apply, and our Client’s terms of use and privacy policy available on such Client Sub Domain shall govern your use of, and the collection and processing of your personal data through, the relevant Client Sub Domain.
In respect of our Client Sub Domains, the data controller is the relevant Client and we are the data processor. For the avoidance of doubt, we are acting as data processor only in relation to those technological services we have agreed to provide to the relevant Client via the Client Sub Domain pursuant to the Supply of Services Agreement entered into between us and the relevant Client. This means that we process personal data on our Client’s behalf and in accordance with their instructions. It should be noted that other organisations may also be acting as data processor on behalf of the relevant Client.
2. Information We Collect
A. Information You Provide to Us or that We Receive From Third Parties
We may collect different information from or about you through our Website, including:
(i) Information that you provide to us voluntarily. This includes information that you provide when you use certain features of our Website (for example, basic information, like your name and email, if you complete a form on the Website) or when you correspond with us in any way (for example, you may provide information to us when you voluntarily report a problem regarding the Website or participate in a survey).
(ii) Information that we receive from third parties. We may receive information about you from Clients or Client Sub Domains in order for us to provide the Services, or from third party systems that publish the results of events.
(iii) Information about your use of our website with regards to each of your visits to our website. This may include: (i) details of your visits such as pages viewed and the resources that you access; and (ii) technical information, such as traffic data, location data and other communication data.
We may collect, use, store and transfer different kinds of personal data about you whichwe have grouped together as follows:
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Identity and Contact Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender, your address, email address and telephone numbers. It may also include the contents of messages you may send to, or receive from us.
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Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
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Profile data includes your username and password, orders made by you, your interests, preferences, feedback and survey responses.
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Usage Data includes information about how you use our website.
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Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals' Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our website to help improve the website and our service offering.
B. Information Collected through Cookies
Like many websites, we use automated data collection tools, like cookies, when you access the Website. Our Website uses cookies to distinguish you from other users of our Website. Cookies provide information regarding the computer used by a Visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our Website. This also helps us to provide you with a good experience when you browse our Website. By using our Website, you are agreeing to our use of cookies.
We may gather information about your general internet use by using cookies. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information may include: IP addresses, preferences, information about your browser, network, or device, information about how you interact with the Website (such as timestamps, clicks, scrolling, browsing time, searches, and load times and errors). Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies. This can easily be done by activating the “reject cookies” setting on your computer. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.
We use the following cookies:
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Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.
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Analytical/performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
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Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
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Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
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Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
Except for essential cookies, all cookies will expire after 2 years.
C. Children
Children can access parts of the Website and its content and use certain of its features as a Visitor without providing us with personal data. However, as primarily a B2B Platform, our Website is not directed to children under the age of 13. Similarly, we do not knowingly collect personal data from children under the age of 13 through our Website except in extremely limited circumstances where (a) we have obtained consent from a parent or guardian, (b) such collection is subject to a separate agreement with us or (c) a Website visit by a child under the age of 13 is unsolicited or incidental. The US legislation ,Children's Online Privacy Protection Act of 1998 and its rules (collectively, "COPPA") require us to inform parents and legal guardians (as used in this section, "parents") about our practices for collecting, using, and disclosing personal data from children under the age of 13 ("children"). While we do not believe COPPA generally applies to our Platform for the reasons stated above, as described in Section 1.C, if a Client chooses to configure its Sub Domain in a way where the Client has actual knowledge it is collecting children’s data, the Client is responsible for compliance with COPPA. Notwithstanding, we maintain reasonable procedures to protect the confidentiality, security and integrity of children’s data to permit a Client to make necessary changes to children’s data.
3. How We Use the Information We Collect
The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:
Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.
Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.
As set forth above, we use the information that we collect from you to allow you to utilise the facilities on our Website, or to access Client Sub Domains. We use your information when we have a legitimate interest in using such information, including:
(i) To provide, administer, and facilitate your use of the services.
(ii) To communicate with you about your use of, or changes to, the Website.
(iii) To provide information to you that you request from us relating to our products or services.
(iv) To provide information (or permit selected third parties to provide information) to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
(v) To ensure that the content from our Website is presented in the most effective manner for you and for your computer.
(vi) To administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
(vii) As part of our efforts to keep our Website safe and secure.
(viii) To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
(ix) To make suggestions and recommendations to you about goods or services that may interest you.
We will only ever use your personal data with your consent, or where it is necessary, in order to:
• enter into, or perform, a contract with you;
• comply with a legal duty;
• protect your vital interests;
• remember your preferences (for example, if you ask not to receive marketing material, we will keep a record of such request); or
• for our own (or a third party’s) lawful interests, provided your rights do not override these.
In any event, we will only use your personal data for the purposes for which it is collected or authorized by you unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.You can withdraw your consent to our processing of your personal data for any purpose and at any time by contacting us as set out in Section 7.
4. Disclosing Your Information
A. Sharing Your Information Internally
We may share your information with any member of our group, which means our subsidiaries, or our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
B. When We May Disclose Your Information to Third Parties
We will not disclose your personal information to any other party other than as set forth in this Privacy Policy. We may disclose your information as follows:
(i) If there is a business transfer, sale, merger, or divestiture, we may disclose your personal information to a prospective seller or buyer. For example, if Sport:80 or Sport:80’s holding company, Sport:80 Limited, is acquired by a third party, then we may share, disclose, or transfer all of your information to the successor organization in such transition or during the due diligence phase in furtherance of such transition.
(ii) Where we are required by law to disclose your personal information in response to a lawful request from public authorities, including to meet national security or law enforcement requirements.
(iii) As needed in order to enforce or apply our Terms of Use.
(iv) To further fraud protection and reduce the risk of fraud.
(v) To our business partners, events organisers, sporting federations, service providers, suppliers and sub-contractors for the performance of any contract we enter into with them or you. We will ensure that any written contract we enter into with them will provide that they, as a data processor, (i) will process personal data disclosed by us to them in accordance with instructions from us and (ii) are to comply with obligations equivalent to those imposed on us and as set out in this privacy policy.
(vi) In relation to the Client Sub Domains, with third party organisations that may also be acting as data processor on behalf of the relevant Client
C. Protections for Disclosure to a Third Party
When we transfer your personal information to a third party, including an agent acting on our behalf, we ensure: (i) that your personal data will only be processed for the limited and specified purposes for which you consented; and (ii) that the third party will provide the same level of protection as us. We also require that the third party notify us if it can no longer meet the foregoing requirements.
If we transfer your personal information to a third party acting as an agent on our behalf, and that third party fails to process your personal information in a manner that is consistent with the DPF Principles, then we will remain liable for any such processing unless we can show that we are not responsible for the event giving rise to the damage.
When a third party is not acting as an agent on our behalf, you may choose (e.g., opt out) whether your personal information is disclosed to that third party. Please see how you may opt out of such disclosure in Section 6 below (Access to Information; Ability to Opt Out).
5. Storing Your Personal Data; Security
In operating our Website it may become necessary to transfer data that we collect from you to locations outside of the UK and/or the European Economic Area (“EEA”), as applicable, for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is treated securely and in accordance with this Privacy Policy. We will only transfer your personal data to countries that have been deemed by the UK to provide an adequate level of protection for personal data.
Unfortunately, the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data transmitted to us electronically; sending such information is entirely at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential and not sharing it with anyone.
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
6. Access to Information; Ability to Opt Out
We want to ensure you remain in control of your personal data. Part of this is making sure you understand your legal rights, which are as follows:
(i) The right to request access to your personal data and the right to confirmation as to whether or not we have your personal data and, if we do, to obtain a copy of it (this is known as a subject access request).We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.. The information will be provided in a common electronic format;
(ii) The right to have your data erased (though this will not apply where it is necessary for us to continue to use the data for a lawful reason) This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law;
(iii) The right to have inaccurate data corrected or amended.This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;
(iv) The right to object to your data being used for marketing or profilingThis may apply where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms;
(v) The right to request the restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in certain scenarios.
(vi) The right to request the transfer of your personal data. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
(vii) The right to right to withdraw consent. Withdraw consent at any time where we are relying on consent to process your personal data
(viii) The right to choose (e.g., opt out) whether your personal information is to be disclosed to a third party (except for when disclosure is made to a third party who is acting as an agent to perform tasks on behalf of us under our instruction);
(ix) The right to choose (e.g., opt out) whether your personal information is to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you; and
(x) Where technically feasible, you have the right to see any personal data you have provided to us which we process automatically on the basis of your consent or the performance of a contract. This information will be provided in a common electronic format.
7. Complaints Procedures
You always have the right to make a complaint to the Information Commissioner's Office (“ICO”) if you think your data is being misused. The ICO is the UK’s supervisory authority for data protection issues (https://www.ico.org.uk). We always appreciate the chance to try to deal with any data protection concerns before they are referred to the ICO so, if you are happy to do so, please do not hesitate to contact us using the details above so that we can try to help you out in the first instance.
We have appointed Gary Hargraves as our Data Protection Officer, who is responsible for overseeing questions in relation to this Privacy Policy.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Sport:80 USA commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, UK, or Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. DPF should first contact us at [email protected] or by writing to us at Sport:80 Services Limited, Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, England, S3 8BW.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Sport:80 USA commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.
You may, under certain circumstances, be able to invoke binding arbitration for complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. DPF that are not resolved through the mechanisms set forth above. To learn more about your ability to invoke binding arbitration, please visit https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.
Terms of Use
Last Modified: November 22, 2024
1. Introduction
1.1. Acceptance of Terms of Use
Sport:80 USA, Inc. (“Company”, “we”, “us”, or “our”) provides a cloud-based platform for sports organizations (“Clients”) to deliver online management services (“Services”) to their members, through our website https://www.sport80.com (“Website”) including Client Sub Domains (defined below) and our white label mobile applications (each, a “Mobile App”). Collectively, the Website (including Sub Domains) and Mobile Apps are referred to as our “Platform.”
These Terms of Use govern your access to and use of the Platform and the Services offered by us. By accessing or interacting with our Platform, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access the Platform.
1.2. Users
All references to “you”, or “User” means (1) each person who visits the Website and (2) each individual that interacts with the Platform via a particular Client’s Sub Domain (defined below) as a registered member or other authorized individual of that Client (a “Member”).
The Platform is offered and available to Users who are 13 years of age or older and reside in the United States or any of its territories or possession. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
If you access or use the Platform on behalf of a Client or another legal entity, you represent and warrant that you have the authority to bind that Client or legal entity, your acceptance of the Terms of Use will be deemed an acceptance by that Client or entity, and “you” and “User” will refer to that Client or entity.
1.3. Client Sub Domains
“Sub Domain” means a branded portal housed within the Website, through which the relevant Client manages its organization, including collection and processing of Members’ data, communications with Members, and other interactions with its Members such as the processing of sales transactions. In addition to these Terms of Use, your access and use of a Client Sub Domain is subject to the applicable Client’s terms and policies. To the extent of any inconsistency between these Terms of Use and a Client’s policies governing its particular Sub Domain, the Client’s policies will control with respect to that Sub Domain. If you have questions about the policies or provisions contained on a Sub Domain, you should contact the relevant Client directly.
1.4. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1.5. Privacy
You agree that all information you provide to register with the Platform or otherwise, including but not limited to through User Contributions (defined below), is governed by our Privacy Policy (https://www.sport80.com/privacy-and-terms), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you are a Member registered through a Sub Domain, then the privacy policies of the Client posted on the Sub Domain will control the treatment of your information provided through the Sub Domain.
1.6. Accessing the Platform and Account Security
You may be asked to provide personal information when using certain features of the Platform, such as our contact form to submit requests or feedback or report an issue. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to withdraw or amend the Platform, and any Service or Sport:80 Content (defined below) we provide on the Platform, in our sole discretion without notice, subject to agreements we have with Clients regarding Services provided through their Sub Domains. We will not be liable to Users if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to parts or all of the Platform.
You are responsible for making all arrangements necessary for you to have access to the Platform and ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
2. Intellectual Property Rights
2.1. Sport:80 Content
The Platform and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio and other materials, and the design, selection and arrangement thereof (collectively, “Sport:80 Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you have no ownership or other property interest in your Platform account.
2.2. Permitted Uses of Platform
Subject to these Terms of Use, we grant each User of the Platform a worldwide, non-exclusive, non-sublicensable, and non-transferable right to use the Platform and its Sport:80 Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Sport:80 Content, except as follows:
· Your computer may temporarily store copies of Sport:80 Content locally incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your web browser for display enhancement purposes.
· Members may download a single copy of the Mobile App solely for their own personal, non-commercial use.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
2.3. Sport:80 Content Restrictions
You must not:
· Modify copies of any Sport:80 Content.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from the Platform or Sport:80 Content.
· Access or use for any commercial purposes any part of the Platform, Sport:80 Content or Services available through the Platform without appropriate consent.
If you wish to make any use of the Platform or its Sport:80 Content other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or provide any other person with access to any Sport:80 Content in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the Sport:80 Content you have made. No right, title or interest in or to the Platform or any Sport:80 Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sport:80 Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
2.4. Trademarks
Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
3. Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with Section 4.2 (User Contribution Standards) set out in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
Additionally, you agree not to:
· Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
· Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
· Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Platform.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Platform.
4. User Contributions
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, social media accounts, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.
All User Contributions must comply with the User Contribution Standards set out in Section Error! Reference source not found. of these Terms of Use. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that: you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and all of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
4.1. Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the User Contribution Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
· Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
4.2. User Contribution Standards
All User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (https://www.sport80.com/privacy-and-terms).
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
5. Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Chief Executive Officer
Sport:80 USA Inc.
Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, S3 8BW, United Kingdom
+1 719 220 8002
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
6. Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties, including materials provided by other Clients and their Members, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. Changes to the Platform
We may update the Sport:80 Content on the Platform from time to time, but its Sport:80 Content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
8. Linking to the Platform and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Platform may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on the Platform.
· Send emails or other communications with certain content, or links to certain content, on the Platform.
· Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Website other than the homepage.
· Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
9. Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM, SERVICES OR CONTENT FROM THE PLATFORM OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN RISK. THE PLATFORM, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM, SERVICES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, CONTENT OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM, CONTENT OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your violation of these Terms of Use or any applicable law or regulation or (2) any actual or alleged infringement or misappropriation of any third party intellectual property rights by your User Contributions.
13. Miscellaneous
13.1. Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13.2. Arbitration
At the Company's sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
13.3. Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
13.4. Entire Agreement
The Terms of Use, our Privacy Policy, and any other documents referenced in the same, constitute the sole and entire agreement between you and Sport:80 USA, Inc. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
13.5. Your Comments and Concerns
This website is operated by Sport:80 USA, Inc., Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, England, S3 8BW. All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: [email protected].