Terms

Statement of Rights and Responsibilities

This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 17 contains certain changes to the general terms for users outside the United Kingdom.

Date of Last Revision: August 1, 2013.

Statements of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) is our terms of service that governs our relationship with users and others who interact with Sporple. By using or accessing Sporple, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how Sporple works.

  1. Privacy

    Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use Sporple to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.

  2. Sharing Your Content and Information

    You own all of the content and information you post on Sporple, and you can control how it is shared through your privacy and application settings. In addition:

    1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Sporple (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Sporple, to access and use that information, and to associate it with you (i.e., your name and profile picture).
    4. We always appreciate your feedback or other suggestions about Sporple, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
  3. Safety

    We do our best to keep Sporple safe, but we cannot guarantee it. We need your help to keep Sporple safe, which includes the following commitments by you:

    1. You will not post unauthorized commercial communications (such as spam) on Sporple.
    2. You will not collect users’ content or information, or otherwise access Sporple, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Sporple.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
    9. You will not use Sporple to do anything unlawful, misleading, malicious, or discriminatory.
    10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Sporple, such as a denial of service attack or interference with page rendering or other Sporple functionality.
    11. You will not facilitate or encourage any violations of this Statement or our policies.
  4. Registration and Account Security

    Sporple users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    1. You will not provide any false personal information on Sporple, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal account.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use Sporple if you are under 13.
    5. You will not use Sporple if you are a convicted sex offender.
    6. You will keep your contact information accurate and up-to-date.
    7. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardise the security of your account.
    8. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
    9. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
  5. Protecting Other People’s Rights

    We respect other people’s rights, and expect you to do the same.

    1. You will not post content or take any action on Sporple that infringes or violates someone else’s rights or otherwise violates the law.
    2. We can remove any content or information you post on Sporple if we believe that it violates this Statement or our policies.
    3. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    4. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
    5. You will not use our copyrights or trademarks (including Sporple, the Sporple) or any confusingly similar marks, except as expressly permitted with our prior written permission.
    6. If you collect information from users, you will: obtain their consent, make it clear you (and not Sporple) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    7. You will not post anyone’s identification documents or sensitive financial information on Sporple.
    8. You will not tag users or send email invitations to non-users without their consent.
  6. Mobile and Other Devices

    1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
    2. In the event you change or deactivate your mobile telephone number, you will update your account information on Sporple within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
    3. You provide consent and all rights necessary to enable users to sync their devices with any information that is visible to them on Sporple.
  7. Payments

    If you make a payment on Sporple, you agree to our Payment Terms.

  8. About Advertisements and Other Commercial Content Served or Enhanced by Sporple

    Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:

    1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
    2. We do not give your content or information to advertisers without your consent.
    3. You understand that we may not always identify paid services and communications as such.
  9. Amendments

    1. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on the) and an opportunity to comment on changes to this Statement..
    2. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site.
    3. Your continued use of Sporple following changes to our terms constitutes your acceptance of our amended terms.
  10. Termination

    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Sporple to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate going forward, however will apply to your historic data and actions on the site.

  11. Disputes

    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Sporple exclusively in a court located in London, England. The laws of the United Kingdom will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in London, England for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on Sporple, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Sporple and are not responsible for the content or information users transmit or share on Sporple. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Sporple. We are not responsible for the conduct, whether online or offline, or any user of Sporple.
    3. WE TRY TO KEEP SPORPLE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SPORPLE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SPORPLE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SPORPLE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SPORPLE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SPORPLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SPORPLE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SPORPLE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  12. Special Provisions Applicable to Users Outside the United Kingdom

    We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Sporple outside the United Kingdom:

    1. You consent to having your personal data transferred to and processed in the United Kingdom.
    2. If you are located in a country embargoed by the United Kingdom, you will not engage in commercial activities on Sporple (such as advertising or payments) o or website.
  13. Definition

    1. By “Sporple” we mean the features and services we make available, including through (a) our website at www.Sporple.com and any other Sporple branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
    2. By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Sporple or provide data to us.
    3. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Sporple.
    4. By “content” we mean anything you or other users post on Sporple that would not be included in the definition of information.
    5. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Sporple or provide to Sporple through Platform.
    6. By “post” we mean post on Sporple or otherwise make available by using Sporple.
    7. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    8. By “active registered user” we mean a user who has logged into Sporple at least once in the previous 30 days.
    9. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
  14. Other

    1. This agreement is between you and HKCC Limited, the owner of the Sporple brand, and www.sporple.com
    2. This Statement makes up the entire agreement between the parties regarding Sporple, and supersedes any prior agreements.
    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this Statement, it will not be considered a waiver.
    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in this Statement shall prevent us from complying with the law.
    9. This Statement does not confer any third party beneficiary rights.
    10. We reserve all rights not expressly granted to you.
    11. You will comply with all applicable laws when using or accessing Sporple.
  • You may also want to review the following documents, which provide additional information about your use of Sporple:

    • Data Use Policy: The Data Use Policy contains information to help you understand how we collect and use information.
    • Payment Terms: These additional terms apply to all payments made on or through Sporple.