Terms and Conditions

(These Terms and Conditions were last updated on 15 March 2010)

General Terms

Sportmeets is an online application for the management of sports groups and events. Sportmeets provides its users with a variety of resources to facilitate organizing of recreational sports groups (“Group”), ladder competitions (“Ladder Competition”) and sports events ("Event"). The following Terms & Conditions govern the use of the web site http://sportmeets.com ("Sportmeets" or "Site" or "Service").

By accessing or using our web site at Sportmeets you (the "User") signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms and Conditions" or "Agreement"), whether or not you are a registered member of Sportmeets. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, you may not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the site to determine if there have been changes to these Terms and Conditions and to review such changes.

Sportmeets reserves the right to remove any person for any or no reason from the Sportmeets network. You acknowledge and agree that Sportmeets shall store removed information. You acknowledge and agree that Sportmeets is not liable for any lost or intentionally deleted information or data.

Registration data and certain other information about you is subject to our privacy policy. By using the service you acknowledge and agree that you have read the privacy policy.

Registration

In consideration of your use of the service you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form (such information being the "registration data") and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Sportmeets has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or otherwise violate the Terms and Conditions, you acknowledge and agree that Sportmeets reserves its right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Should Sportmeets remove or terminate any account for no reason, which it reserves the right to do, you acknowledge and agree that Sportmeets is not liable for any information lost including photos, videos, images, personal content etc (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

You will receive a password and account designation upon completing the Service's registration process. You are solely responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sportmeets of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge and agree that Sportmeets is not liable for any loss or damage arising from your failure to comply with the Terms and Conditions.

User Conduct and Content

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.

You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, artwork, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You acknowledge and agree that Sportmeets is not responsible for any Content that you upload, post, email, transmit or otherwise make available via the Service. You acknowledge and agree that Sportmeets does not control the Content posted via the Service and, as such, does not control the accuracy, integrity, quality or any aspect of such Content. You acknowledge and agree that under no circumstances is Sportmeets liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

In addition, you agree not to use the Service or the Site to:

1. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
2. use automated scripts to collect information from or otherwise interact with the Service or the Site; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
3. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
4. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another User; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another's account, service or system without authorization from the Sportmeets, or create a false identity on the Service or the Site, upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Sportmeets, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Sportmeets or its users to any harm or liability of any type.

You acknowledge, consent and agree that Sportmeets may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS AND CONDITIONS; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Sportmeets, its users and the public.

You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Sportmeets and/or content providers who provide content to the Service. You shall not attempt to override or circumvent any of the usage rules embedded into the Service. You acknowledge and agree that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Although Sportmeets cannot monitor the conduct of its members off the Web site or on the Web site, you acknowledge and agree that it is a violation the Terms and Conditions to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any member without their prior written consent.

You agree that you are solely liable and responsible for your interactions with other Sportmeets members. Sportmeets reserves the right, but has no obligation, to monitor disputes between you and other Members.

You are solely responsible for photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users ("User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Sportmeets may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Sportmeets violates this Agreement or the Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Sportmeets.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Sportmeets an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Sportmeets may retain archived copies of your User Content. Sportmeets does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms and Conditions, you retain full ownership of all of your User Content.

Fees and Payments

Access to our website and use of selected features of our Service is free. We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish and notify you of the fees for that service at the launch of the service. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.

Some users may organize a Group or an Event and become organizers ("Organizer"). Organizer may require or request fees for membership in a Group or for attendance at Events. Individual Group membership fees or Event fees are at the discretion of each Organizer, who decides whether such fees are required, the amount frequency, payment options, refund policies, and how such fees are spent. You may also have the option to make voluntary contributions to particular Organizers. Fees assessed by Organizers are remitted to the Organizer and not to Sportmeets. To the extent that you use PayPal or another payment mechanism (e.g. cheque or cash), to pay fees assessed by an Organizer, you acknowledge that Sportmeets does not control the transaction, and that you bear all risk in connection with the transaction. Refunds of any payment you make to any Organizer are subject to that Organizer's policies and applicable law. If you believe any payment to an Organizer is in error, you must contact the Organizer to seek resolution. You should use common sense and be careful in deciding whether to make a payment to an Organizer. Organizers have full discretion whether and how to spend money in connection with their Groups. Sportmeets cannot ensure that an Organizer is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your payment is spent. Your correspondence or business dealings with, or participation in promotions of Groups, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Organizer.

Organizers are responsible for the payment of all fees to Sportmeets where these are applicable. These include fees for running a Group ("Group Fee") or a Ladder Competition (“Ladder Competition Fee). Group Fees and Ladder Competitions are paid to Sportmeets via credit card or PayPal. Group Fees are paid on a monthly basis. Ladder Competition Fees are paid in advance on a monthly basis or purchased for a set period of time.

We may from time to time offer promotions where we may discount or waive certain Group Fees, Ladder Competition Fees or other fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within 30 days of date of issue. Offers and promotions are subject to change.

If for any reason you are dissatisfied during the first 30 days of your initial Ladder Competition, you may request a refund of your initial Ladder Competition Fee payment. Refunds will be processed within a period of 7 days using the original payment method. You may not receive a refund more than once. We reserve the right to refuse service to a Group that in our determination is abusing this policy or otherwise acting in bad faith.

Payments Acceptance Use Policy

You are independently responsible for complying with all applicable laws in all of your actions related to your use of Sportmeets and PayPal services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

Prohibited Activities

You may not use Sportmeets service for activities that:

1. 1. violate any law, statute, ordinance or regulation
2. 2. relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law
3. 3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business Activities: the sale of traveler's cheques or money orders, currency exchanges or cheque cashing, or (g) provide certain credit repair or debt settlement services
4. 4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
5. 5. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
6. 6. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

Advertising

Your correspondence or business dealings with, or participation in promotions of, advertisers, whether the advertisers pays for the consideration or not, found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sportmeets shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Communication from Sportmeets

You understand that certain communications, such as Sportmeets service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your Group or Ladder Competition are part of our Service. By using our Service, you expressly agree to receive such communications from Sportmeets. You may manage your subscriptions to Sportmeets communications in the Notifications tab of the My Profile page; however, some basic communications are a necessary part of our Service and may not be disabled.

Links

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Sportmeets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

Modification of service

Sportmeets reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sportmeets is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Indemnity

You agree to indemnify and hold Sportmeets, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including legal fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Accordingly, to the extent that the law permits, you release Sportmeets, its directors, contractors and employees, from all liability arising out of or in connection with the Sportmeets Site and the material included here by Users and other third parties.

Disclaimer of warranties

You acknowledge and agree that:

1. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Sportmeets expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. Sportmeets makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will you’re your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from Sportmeets or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.

Limitation of Liability

You expressly acknowledge and agree that Sportmeets shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sportmeets has been advised of the possibility of such damages), resulting from:

1. The use or the inability to use the service;
2. The cost of procurement of substitute goods and services goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
3. Unauthorized access to or alteration of your transmissions or data;
4. Statements or conduct of any third party on the service; or
5. Any other matter relating to the service.

Termination

You agree that Sportmeets may, under certain circumstances and without prior notice, immediately terminate your Sportmeets account, any associated other accounts, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Further, you agree that all terminations for cause shall be made at Sportmeets' sole discretion and that Sportmeets shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

Trademarks

Sportmeets trademarks and service marks and other Sportmeets logos and product and service names are trademarks of Sportmeets. (The "Sportmeets Marks"). Without Sportmeets‘ prior consent, you agree not to display or use in any manner, the Sportmeets Marks.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The Service is controlled and offered by Sportmeets from the United Kingdom. Sportmeets makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so of their own volition and are responsible for compliance with local law.

Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Sportmeets’ failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.