Terms of Use
TERMS OF USE AGREEMENT
February 3, 2022
Description of SportsBubble Services and Acceptance of Terms of Use Including Arbitration of Disputes
SportsBubble LLC (“SportsBubble,” “our,” “we” or “us”) has developed this Terms of Use Agreement to describe the terms that govern your use of the SportsBubble Services (defined below). This Terms of Use Agreement, including any future modifications, (“Agreement”) governs your use of the sports-related SportsBubble websites (“SportsBubble Sites”), applications and video services, messaging services, mobile services, text messaging campaigns, promotions, and any other features, content, promotions or applications offered from time to time by SportsBubble that link or otherwise refer users to this Agreement (collectively, the “SportsBubble Services”). SportsBubble is based in the United States and the SportsBubble Services are hosted in the United States.
SportsBubble furnishes the SportsBubble Sites and other SportsBubble Services for your personal enjoyment and entertainment. By visiting the SportsBubble Sites (whether or not you are a registered member) or using a SportsBubble Service, you accept and agree to be bound by this Agreement and to abide by all applicable Laws, rules and regulations (collectively, “Applicable Law”). Please read through this Agreement carefully. SportsBubble may modify this Agreement at any time, and each such modification will be effective upon posting on the SportsBubble Sites. All material modifications will apply prospectively only. Your continued use of the SportsBubble Sites or any other SportsBubble Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, you agree that your sole and exclusive remedy is to discontinue using the Site. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of all SportsBubble Services immediately and your sole and exclusive remedy is to discontinue using the Services.
Your access to and use of certain SportsBubble Services may require you to accept additional terms and conditions applicable to such SportsBubble Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT AND (ii) YOU AND SPORTSBUBBLE WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
Registration and Security
Use of the SportsBubble Services is limited to users 13 years of age and older. Some SportsBubble Services require you to create an account (including setting up a WatchSports credential and password) to participate in or to secure additional SportsBubble Services, such as viewing Content, purchasing SportsBubble Services Products, creating a WatchSports Site profile and signing up for specific WatchSports notifications. You take full responsibility for your participation on WatchSports. As a condition of using certain features of SportsBubble, you may be required to register on WatchSports and/or select a username and password. All registration information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. SportsBubble reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information.
You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. You may be held liable for losses incurred by SportsBubble, SportsBubble Affiliates (defined below) or any other SportsBubble user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify SportsBubble and all SportsBubble Affiliates from any third-party claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify SportsBubble immediately if you suspect any unauthorized use of, or access to, your account or password. SportsBubble shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. SportsBubble shall also retain the right, but no obligation, to review any profile pictures provided by you. Finally, you agree to provide us with, and maintain in your account profile, your current and active email address and other contact information.
Access
The SportsBubble Services are intended solely for your personal and non-commercial use. SportsBubble may change, suspend or discontinue the SportsBubble Services (or any feature thereof) at any time. SportsBubble may also impose limits on certain features and services offered within the SportsBubble Services or restrict your access to parts or all of the SportsBubble Services without notice or liability. You acknowledge that from time to time the SportsBubble Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Sportsbubble may undertake from time to time; or (iii) causes beyond the control of SportsBubble or which are not reasonably foreseeable by SportsBubble.
Termination
Unless terminated by SportsBubble in its sole discretion, this Agreement remains in full force and effect while you use the SportsBubble Services. You may terminate your account at any time, for any reason. SportsBubble may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the SportsBubble Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the SportsBubble Services is terminated by you or SportsBubble, this Agreement will remain in full force and effect with respect to your past and future use of the SportsBubble Services. If we terminate your user account, subscription and/or access to the SportsBubble Services (or any portion of the SportsBubble Services) you may not create a new account, purchase a new subscription or try to access the SportsBubble Services without SportsBubble’s prior written approval. You agree that your account and/or subscription is non-transferable. Any rights to your account and/or the SportsBubble Services terminate upon your death.
Fees
You acknowledge that SportsBubble reserves the right to charge a fee for any portion of the SportsBubble Services. SportsBubble will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the SportsBubble Services after the applicable fee has been imposed or increased, you agree that you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if SportsBubble suspends or terminates your account, and/or access to a SportsBubble Service (or any portion of the SportsBubble Services), due to your breach of this Agreement or violation of Applicable Law, as determined by SportsBubble, in its sole discretion. Your only remedy will be to not use the Services and petition to reinstate your account, which will be in our sole discretion to reinstate.
Purchasing SportsBubble Services or Products
In connection with a purchase of any service, subscription (including any premium subscription) or product on or in connection with the SportsBubble Sites or other SportsBubble Services (collectively, “SportsBubble Site Products”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to an independent third party selected by, but not affiliated with, SportsBubble (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, the collection, transmission and processing of your Personal Financial Information and any and all payment obligations for SportsBubble Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase of a SportsBubble Site Product, you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase a SportsBubble Site Product. If you purchase certain subscription based SportsBubble Site Products, your subscription will be automatically renewed and the credit card you provided to the Processor for such SportsBubble Site Product will be charged per the billing cycle of your subscription (e.g., monthly, 3-month, 6-month, annual), unless you cancel the subscription thirty (30) days prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of SportsBubble or the Processor, for a substantially similar subscription. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.
SportsBubble makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a SportsBubble Site Product with the Processor. SportsBubble provides no refunds for, makes no warranty for, and accepts no liability regarding your purchase of a SportsBubble Site Product. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event Processor experiences a data breach that affects your information, SportsBubble will in no way be responsible or liable to you for any such breach. Having said that, we only allow Processors to handle your personal information if we are satisfied they take appropriate and legally required measures to protect your personal information. We also impose contractual obligations on Processors relating to ensure they can only use your personal information to provide services to us and to you and protect and handle your data as is required.
SportsBubble is under no obligation to store any records related to purchases or other transactions you make through the SportsBubble Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.
Limited Content License
You agree that SportsBubble Services are offered for your personal use only and may not be used for commercial purposes. We do not grant you a license to use SportsBubble for commercial purposes. The SportsBuble Services contain information, text, files, images, video, sounds, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of SportsBubble, its licensors, or assignors (“SportsBubble Content”), as well as Content provided by users or other third parties. Content contained in the SportsBubble Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and SportsBubble, SportsBubble, its licensors, or its assignors, own and retain all rights in the SportsBubble Content. SportsBubble hereby grants you a limited, revocable, non-sublicensable, nontransferable license to access and display or perform the SportsBubble Content (excluding any software code) solely for your personal, non-commercial use in connection with using the SportsBubble Services. Except as provided in this Agreement, by prior written consent of SportsBubble, or as explicitly permitted on the SportsBubble Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, link to, make available, or otherwise use any Content contained in or through the SportsBubble Services.
Except as explicitly and expressly permitted by SportsBubble or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the SportsBubble Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the SportsBubble Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the SportsBubble Services including geo-filtering mechanisms. Except as explicitly and expressly permitted by SportsBubble or as necessary in order to make reference to SportsBubble, its products and services in a purely descriptive capacity, you are expressly prohibited from using any SportsBubble Content in any manner. If you reference the SportsBubble Sites, other SportsBubble Services or SportsBubble Content, as permitted above, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the SportsBubble Sites, SportsBubble Services, SportsBubble or SportsBubble brands, including its respective licensors, employees, agents, directors, officers and/or shareholders.
You may not, without the SportsBubble’s written permission, “mirror” any Contents contained on the SportsBubble Site or Services or any other server. You may not use the SportsBubble Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the SportsBubble Services in any manner that could damage, disable, over-burden, or impair the SportsBubble Services or any part thereof, or interfere with any other party’s use and enjoyment of the SportsBubble Services. You may not attempt to gain unauthorized access to the SportsBubble Services through hacking, password mining or any other means. SportsBubble reserves the right, in its sole discretion, to terminate your access to the SportsBubble Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Restrictions on Use of SportsBubble Services
SportsBubble reserves the right to remove commercial Content in its sole discretion.
You agree not to use the SportsBubble Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Post, upload or otherwise transmit or link to Content that you do not own or for which you do not hold the rights or have the authorization or permission to disseminate;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the SportsBubble Sites or the SportsBubble Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the SportsBubble Services, including SportsBubble’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the SportsBubble Services;
- Delete or revise any information provided by or pertaining to any other user of the SportsBubble Services;
- Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the SportsBubble Services, or to circumvent or modify any security technology or software that is part of the SportsBubble Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the SportsBubble Services. If you do so, you acknowledge you will have caused substantial harm to SportsBubble, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay SportsBubble $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the SportsBubble Content; or building a business using the SportsBubble Content) without SportsBubble’s express prior written consent;
- Advertise or promote other products or services; or
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
You will not (i) use technology or any other means that is not authorized by the SportsBubble Sites to access, index, frame, or link to the SportsBubble Sites or SportsBubble Services (including the Content) (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of SportsBubble Content) or (ii) access the SportsBubble Sites or SportsBubble Services (including the Content) through any automated means, including “bots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the SportsBubble Sites or other SportsBubble Service and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content).
In addition, you agree you will not use the SportsBubble Services in any manner inconsistent with any and all Applicable Law.
You acknowledge that SportsBubble reserves the right to investigate and take appropriate legal action against anyone who, in SportsBubble’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or subscription and/or reporting User, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that SportsBubble may access, preserve or disclose information you provide to the SportsBubble Sites or other SportsBubble Services or that we have collected about you, including your account registration information, when SportsBubble has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of SportsBubble, our parents, subsidiaries or affiliates (“SportsBubble Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the SportsBubble Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If SportsBubble sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, SportsBubble may transfer your information to the party or parties involved in the transaction as part of that transaction.
Third Party Links and Services
The SportsBubble Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a provider of a Third-Party Service, you are interacting with the third party, not with SportsBubble. If you choose to use a Third- Party Service and share information with it, the provider of the Third-Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third-Party Service. SportsBubble encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. We only allow Processors to handle your personal information if we are satisfied they take appropriate and legally required measures to protect your personal information. We also impose contractual obligations on Processors relating to ensure they can only use your personal information to provide services to us and to you and protect and handle your data as is required. Having said that, and to the fullest extent permitted by applicable law, SportsBubble is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the SportsBubble Services does not imply approval or endorsement of the Third-Party Service. SportsBubble is not responsible for the content or practices of any websites other than the SportsBubble Services, even if the website links to the SportsBubble Services and even if it is operated by a SportsBubble Affiliate or a company otherwise connected with the SportsBubble Services. By using the SportsBubble Services, you acknowledge and agree that SportsBubble is not responsible or liable to you for any content or other materials hosted and served from any website or service other than the SportsBubble Services. When you access Third Party Services, you do so at your own risk.
SportsBubble takes no responsibility for third party advertisements which are posted on the SportsBubble Sites or other SportsBubble Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Member Disputes
You are solely responsible for your interactions with other users of the SportsBubble Sites and other SportsBubble Services, providers of Third-Party Services, Processors or any other parties with whom you interact on, through or in connection with the SportsBubble Services. SportsBubble reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
Privacy
Use of the SportsBubble Services is also governed by our Privacy Policy , which is incorporated into this Agreement by this reference.
Disclaimers
THE SPORTSBUBBLE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND SPORTSBUBBLE DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE SPORTSBUBBLE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPORTSBUBBLE EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS 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, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPORTSBUBBLE MAKES NO WARRANTY THAT YOUR USE OF THE SPORTSBUBBLE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE SPORTSBUBBLE SERVICES WILL BE CORRECTED, THAT THE SPORTSBUBBLE SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE SPORTSBUBBLE SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE SPORTSBUBBLE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE SPORTSBUBBLE SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE SPORTSBUBBLE SERVICES, ATTENDANCE AT A SPORTSBUBBLE EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE SPORTSBUBBLE SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE SPORTSBUBBLE SERVICES, OR THE CONDUCT OF ANY USERS OF THE SPORTSBUBBLE SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SPORTSBUBBLE SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE SPORTSBUBBLE SERVICES. USER CONTENT, THIRD-PARTY ADVERTISEMENTS AND THIRD-PARTY SERVICES DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF SPORTSBUBBLE OR OUR SPORTSBUBBLE AFFILIATES.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPORTSBUBBLE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPORTSBUBBLE FOR THE SPORTSBUBBLE SERVICES DURING THE TERM OF YOUR USE OF THE SPORTSBUBBLE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPORTSBUBBLE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO SPORTSBUBBLE FOR THE SPORTSBUBBLE SERVICES DURING THE TERM OF YOUR USE OF THE SPORTSBUBBLE SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SPORTSBUBBLE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF SPORTSBUBBLE’S ACTS OR OMISSIONS OR YOUR USE OF SPORTSBUBBLE SITES OR THE SPORTSBUBBLE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF A SPORTSBUBBLE SITE OR THE SPORTSBUBBLE SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPORTSBUBBLE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
SportsBubble provides the SportsBubble Services in the United States of America. SportsBubble does not represent that the SportsBubble Content or the SportsBubble Services are appropriate (or, in some cases, available) for use in other locations. If you use the SportsBubble Sites or the SportsBubble Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the SportsBubble Sites or the SportsBubble Services.
U.S. Export Controls
Software available in connection with the SportsBubble Services is further subject to United States export controls. No such software may be downloaded from the SportsBubble Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
Arbitration Agreement and Class Action Waiver
(1) SportsBubble, including its SportsBubble Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and SportsBubble, regarding any aspect of your relationship with SportsBubble, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and SportsBubble agrees to give up the right to sue in court.
(2) The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and SportsBubble, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and SportsBubble that arise from or in any way relate to or concern any Content, products or services provided by SportsBubble including but not limited to the SportsBubble Services (as defined above), this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to Applicable Law), any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and SportsBubble retains the right to sue in small claims court and (ii) each of you and SportsBubble may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.
(3) Each of you and SportsBubble also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and SportsBubble (see paragraph 9 below).
(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Arbitration Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under these Terms of Use.
(5) These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of the Terms of Use.
(6) Any arbitration between you and SportsBubble will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and SportsBubble cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of SportsBubble and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards. The arbitrator is bound by these Terms of Use.
(7) If either you or SportsBubble wish to arbitrate a claim, you or SportsBubble must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the SportsBubble Service to which the Notice relates, and the relief requested. Your Notice to SportsBubble must be sent by mail to: SportsBubble, Arbitration Notice of Dispute, 3630 High Street # 18941, Oakland, California, 94619. SportsBubble will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf . In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to SportsBubble at the address listed above to which you sent your Notice of Dispute.
(9) You and SportsBubble acknowledge and agree to abide by the following rules for arbitration:
(a) YOU AND SPORTSBUBBLE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) SportsBubble will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by Applicable Law and these Terms of Use; and (d) each side pays its own attorneys’ fees, except as otherwise provided in paragraph 10 below.
(10) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against SportsBubble, you and SportsBubble acknowledge and agree to abide by the following:
- If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), SportsBubble will pay the filing fee on your behalf or reimburse your payment of it.
- If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but SportsBubble will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
- SportsBubble and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. SportsBubble will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
- SportsBubble and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
(11) Regardless of how the arbitration proceeds, each of you and SportsBubble shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(12) Each of you and SportsBubble may incur attorneys’ fees during the arbitration. Each side agrees to pay its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the Applicable Law(s). In addition to whatever rights you may have to recover your attorneys’ fees under Applicable Law, if you prevail in the arbitration, and if SportsBubble failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than SportsBubble’s highest settlement offer, then SportsBubble will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If SportsBubble wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by Applicable Law, and only to the extent that declaratory and injunctive relief are permitted by these Terms of Use. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief not allowed under this Arbitration Agreement. The arbitrator also may not order SportsBubble to pay any monies to or take any actions with respect to persons other than you, unless SportsBubble explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless SportsBubble expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(14) You and SportsBubble agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and SportsBubble agree that an order confirming award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (9) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms, including the provisions governing where actions against SportsBubble must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
Governing Law
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and SportsBubble agree to submit to the exclusive jurisdiction of the courts located in San Francisco, CA to resolve any Dispute arising out of the Agreement or the SportsBubble Services.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE OR SPORTSBUBBLE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Indemnity
You agree to indemnify and hold SportsBubble, its Affiliates, each advertiser, sponsor and their advertising agencies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of the SportsBubble Sites or the SportsBubble Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any Content that you Transmit through the SportsBubble Services.
Unsolicited Submissions
SportsBubble does not knowingly accept, via the SportsBubble Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. SportsBubble requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any SportsBubble or Affiliated SportsBubble creative work including, without limitation, a story, title or concept would be purely coincidental. If you do send any submissions to SportsBubble via the SportsBubble Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and SportsBubble; (ii) any such unsolicited submissions and copyright become the property of and will be owned by SportsBubble (and are not User Content licensed by you to SportsBubble) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SportsBubble sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against SportsBubble or SportsBubble Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Employment Opportunities
SportsBubble may, from time to time, post SportsBubble employment opportunities on the SportsBubble Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to SportsBubble in response to employment listings, you are authorizing SportsBubble to utilize this information for all lawful and legitimate hiring and employment purposes. SportsBubble also reserves the right, at its sole discretion, to forward the information you submit to its SportsBubble Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the SportsBubble Services will constitute a promise by SportsBubble to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the SportsBubble Services constitute a promise that SportsBubble will review any or all of the information submitted to it by users of the SportsBubble Services.
Other
The failure of SportsBubble to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices SportsBubble may be required by Applicable Law to send to you will be effective upon SportsBubble’s sending an e-mail message to the e-mail address you have on file with SportsBubble or publishing such notices on the informational page(s) of the SportsBubble Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SportsBubble as a result of this Agreement or your use of SportsBubble Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits SportsBubble’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of SportsBubble Services or information provided to or gathered by us in connection with such use.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.