Version from 5 October 2020
ROOM 28 OFFICE 14
Marshal Rybalko street, house 2 BUILDING 6,
Moscow, Russia, 123060
This Sportrecs Terms of Service (the “Agreement” or “Terms of Service”) is made between Sportrecs LLC (“Sportrecs,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of sportrecs.com website and our online video hosting and sharing services through our owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”).
By creating an account, embedding our video player, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity and must use registration email owned or controlled by such entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to embed our video player into your online media and use all related functionality that we may provide. We may change features available to you from time to time.
Limited License: Subject to your compliance with the terms hereof, Sportrecs grants you a revocable, limited, worldwide, non-exclusive license to use our video player for the purpose of embedding the video player into your online media. The scope of license may be limited in respect of each unit of content available through the video player by Sportrecs or content rightholder, and you agree to be bound by such limitations. We do not guarantee permanent availability of any content available through video player and you agree that any content may be removed from the video player by Sportrecs of its rightholder at any time without notice. We may revoke this license at any time for any reason. We may also limit calls from your online media at any time for any reason. Upon revocation or termination of the license, you will immediately cease using the video player.
Conditions Applicable to All Online Media: You must comply with the following conditions:
- You will not mislead end users of your online media viewing the video player.
- You will not display advertisements within the video player (e.g., pre- or post-roll ads, flash overlay ads, etc.) without our prior written consent.
- You will not alter, remove, replace, or mask any aspect of the video player (including the playbar, logo, and like, embed, and share features) without our prior written consent.
- You will not charge end users a fee for using our video player without our prior written consent.
- You will not represent that we have approved your online media without our prior written consent, nor will you suggest that you or your online media is affiliated with us.
- You will not reverse engineer or decompile the video player.
- You will not crawl or data mine content available in the video player without our prior written consent.
- You will not introduce malware through the online media.
- You will not modify videos available on the video player.
- You will immediately forward to us any notices made pursuant to the Digital Millennium Copyright Act with respect to any content available in the video player.
- You will immediately notify us of any data breach or vulnerability resulting in the actual or potential unauthorized disclosure or end user information.
Data collection. You agree that our video player may automatically collect and transfer to us data of the users which use the video player on your website. Sportrecs may use such data at its own discretion without any reports or remuneration to you. You are responsible for notifying the users of the website about the data collection and obtaining consent to collect and use such data. You may contact us via email@example.com if you need to know the details of data collection activities.
Registration: You may create an account to use certain features we offer (e.g., embedding our video player). To do so, you must provide an email address. By creating an account, you agree to receive notices from Sportrecs at this email address.
Organizational Accounts: Corporate and other organizational users must publicly display the legal name of their entity on their public account profile.
Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
We may allow you to display videos and other related content on your online media through our video player. You must ensure that your online media, and your conduct, complies with the Acceptable Use Policy set forth in this Section 4. Sportrecs may (but is not obligated to) monitor your account, online media, and conduct, regardless of your privacy settings. Sportrecs may take all appropriate actions to enforce its rights including removing specific online media or suspending or removing your account.
You may only embed our video player in the online media that you have the right to modify. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
You may not embed our video player in any online media that contains content which:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Violates applicable law of any state where such online media is available for its users;
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Makes false or misleading claims about vaccination safety;
- Claims that mass tragedies are hoaxes or false flag operations;
- Depicts or encourages self-harm; or
- Violates any applicable law.
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity; or
- Cause or encourage others to do any of the above.
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
As between you and Sportrecs, you own and will retain ownership of all intellectual property rights in and to your online media.
You grant Sportrecs permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Sportrecs shall have the right to identify public profiles in its marketing and investor materials.
You grant Sportrecs a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display the content you submit in comments or other messages through online means in connection with our Services. If you make suggestions to Sportrecs on improving our products or services, Sportrecs may use your suggestions without any compensation to you.
For each online media that you use for embedding our video player, you represent and warrant that:
- You have the right to exploit and modify such online media;
- Sportrecs will not need to obtain licenses from any third party or pay royalties to any third party with respect to the embedding of our video player to your online media;
- The online media does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The online media complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Sportrecs and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the online media that you use for embedding our video player; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Sportrecs may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, Sportrecs may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any ability to embed our video player; and © to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Sportrecs deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 6.2 (Indemnification), Section 8 (Disclaimers), Section 9 (Limitation of Liability), Section 10 (Disputes, Arbitration, and Choice of Law), and Section 11 (General Provisions).
SPORTRECS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPORTRECS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Sportrecs makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- Concerning any content submitted by or actions of our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) SPORTRECS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SPORTRECS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) SPORTRECS’S TOTAL LIABILITY TO YOU, EXCEPT FOR SPORTRECS’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SPORTRECS OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
Except for matters that must be arbitrated (as set forth below), you and Sportrecs agree that any action relating to this Agreement or your use of our Services must be commenced in the state or federal courts located in New York County, New York State, United States of America; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, SPORTRECS AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Reservation of Rights, Severability, Force Majeure: Sportrecs reserves all rights not expressly granted herein. Sportrecs’s rights and remedies are cumulative. No failure or delay by Sportrecs in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Sportrecs will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and Sportrecs are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Sportrecs or who is prohibited from registering; any such assignment will be void.
Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not Sportrecs, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Sportrecs. If you have a signed agreement with Sportrecs, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement. This Agreement is made in English. Other language versions are for reference only.
Notices: You must send any notices of a legal nature to us by email firstname.lastname@example.org or at:
ROOM 28 OFFICE 14
Marshal Rybalko street, house 2 BUILDING 6,
Moscow, Russia, 123060