SPORTBALL SITE TERMS OF USE
This website (“Site”) is owned and operated by the Franchisor (as defined below). The Franchisor permits access to and use of the Site and its Apps (as defined below) (collectively the “Service”) subject to the following Terms of Use (“TOU”). The Franchisor may, at its discretion, update the Terms at any time.
These terms and conditions were last updated in June 2024.
SECTION 1: DEFINITIONS
“Apps” means mobile applications and third party platforms
“Content” means all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other materials accessible through the Service, whether publicly posted or privately transmitted
“External Materials” means any Content, advertising, products, services or other materials on, transmitted from or available through such third party websites, platforms and/or resources
“Franchisor” means Sportball Systems Inc. – collectively, a body incorporated under the laws of Ontario, Canada, and Sportball USA, LLC – a body incorporated under the laws of Delaware, USA.
“Provider” means the local organization that the Franchisor franchises the right to operate a Sportball business, and who is responsible for delivering the Services to you. A full list of Providers can be found at www.sportball.com/contact.
“Sportball Parties” means the Franchisor and it’s Providers and its parents, subsidiaries, affiliates, officers, directors, employees, agents, mandataries, partners and licensors
“User Content” means for all Content that any user may upload, post, email, transmit or otherwise make available through the Service
“You” or “Your” or “you” or “your” means the person who is accessing the Services, and their affiliates.
“Your Content” means all Content that you upload, post, email, transmit or otherwise make available through the Service.
SECTION 2: PRIVACY POLICY
In addition to the TOU, the Privacy Policy (“Privacy Policy”) governs your access to and use of the Service, which can be accessed at www.sportball.com/privacy-policy.
SECTION 3: GRANT OF RIGHTS
Subject to your compliance with the TOU in all material respects, the Franchisor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: access and view Content from the Service for your personal, non-commercial use only.
The Franchisor further makes available certain content through its Apps. Your access to and use of Apps is subject to the applicable end user license agreement for each App, this TOU, the Privacy Policy and other applicable terms of services.
SECTION 4: REGISTRATION
In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) 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 the Franchisor reasonably suspects that you have done so, the Franchisor may suspend or terminate your account at its sole discretion.
You are fully responsible for all activities that occur under your account, whether it is undertaken by you, a minor under your supervision, or any other person. This includes using the Service and any features within the Service. You may not share your account or password with anyone. You agree to notify the Franchisor immediately of any unauthorized use of your account or password or any other similar breach of security.
SECTION 5: RESPONSIBILITY FOR CONTENT
You acknowledge and agree that all Content, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Franchisor or its Providers, are entirely responsible for Your Content, and other users of the Service, and not the Franchisor or its Providers, are similarly responsible for User Content.
You acknowledge and agree that the Franchisor or its Providers has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although the Franchisor or its Providers reserves the right in its sole discretion to pre-screen, filter, refuse or remove any Content. Without limiting the generality of the foregoing, the Franchisor or its Providers shall have the right to remove any Content that violates the TOU or that it deems objectionable.
To the extent that you upload, post, email, transmit, or otherwise make available any Content through the Service, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TOU with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any third party.
SECTION 6: RIGHTS TO CONTENT
The Franchisor and its Providers does not claim ownership of Your Content. However, you grant The Franchisor and its Providers and its service providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display Your Content in connection with the Service. You understand that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Except with respect to Your Content, as between you and the Franchisor, you agree that the Franchisor and/or its licensors own and retain all rights, title and interest in the Service and all materials within the Service. Except with respect to Your Content or as expressly permitted by the TOU, you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content; (ii) frame or utilize any framing technique to enclose any Content; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Service; or (iv) access the Service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by the Franchisor. The Franchisor reserves all rights not expressly granted to you.
SECTION 7: USER CONDUCT
In connection with your access to or use of the Service, you shall not:
a. upload, post, email, transmit or otherwise make available any Content that:is
a. illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable;
b. consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or
c. contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
b. impersonate any person or entity, including, but not limited to, Franchisor or Provider personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
c. act in a manner that negatively affects the ability of other users to access or use the Service;
d. take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure; or
e. violate any applicable local, state, provincial, federal, national or international law or regulation.
SECTION 8: SUGGESTIONS
If you elect to provide or make available to the Franchisor any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), the Franchisor shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you. You will not knowingly provide the Franchisor any Suggestion that is subject to third party intellectual property rights.
SECTION 9: LINKS AND EXTERNAL MATERIALS
The Service may contain Content from other third party websites, platforms and/or resources. You acknowledge and agree that the Franchisor does not control or endorse, and is not responsible for External Materials, including without limitation the accessibility, accuracy, non-infringement, legality, decency, or any other aspect of the External Materials. the Franchisor provides access to the External Materials to you only as a convenience and it does not imply any endorsement or association with the operators of such External Materials. The use and access of such External Materials are subject to different terms of use and privacy policies, which you are responsible for reviewing and abiding. Please see the External Materials Notice, for more information. By using any such External Materials, you agree to be bound by the respective terms of use and privacy policies applicable to such External Materials. You further acknowledge and agree that the Franchisor shall not be liable for any damage or loss caused by or resulting from the access, use of or reliance on any External Materials.
SECTION 10: MODIFICATIONS TO THE SERVICE
The Franchisor reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that the Franchisor shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
SECTION 11: TERMINATION AND SURVIVAL
In the event that you violate the TOU, all rights granted to you under the TOU shall be terminated immediately, with or without notice, and the Franchisor, in its sole discretion, may remove and discard Your Content. The provisions of the TOU that should by their nature survive termination of the TOU shall survive such termination.
SECTION 12: INDEMNIFICATION
You agree to indemnify and hold the Sportball Parties harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TOU or any law or regulation; or (c) violation of any rights of another party.
SECTION 13: DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESCORE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SPORTBALL PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
SECTION 14: LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT SPORTBALL PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THESCORE PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL SPORTBALL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS (US $50) OR THE AMOUNT (IF ANY) PAID BY YOU TO THE FRANCHISOR AND ITS PROVIDERS FOR ACCESS TO OR USE OF THE SERVICE IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM AROSE.
CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
SECTION 15: GOVERNING LAW
For Canadian Residents: The TOU shall be governed by and construed and enforced in accordance with the laws of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside apply, in which case the laws of such jurisdiction will apply.
For All Others: The TOU shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles.
SECTION 16: GENERAL PROVISIONS
The TOU constitutes the entire agreement between you and the Franchisor concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and the Franchisor with respect to such subject matter. The failure of the Franchisor to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOU. It is the express wish of the parties that the TOU and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.