Terms of service
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Upstate Sports

Terms of service

Published by Super Admin
May 25, 2023
Welcome to SportsPlus. The following terms and conditions ("Terms of Service") govern your access to, and use of, the SportsPlus.app website and SportsPlus mobile app (the "Service") operated by SportsPlus ("SportsPlus"). SportsPlus is owned and operated by Thapos, a California corporation.
By accessing, browsing, or otherwise using the Service, you agree to be bound by this terms of service and any of the related policies or guidelines, including any subsequent changes or modifications to them. If you do not agree to this terms of service or any changes, do not access or otherwise continue to use this Service.

Other Applicable Terms

Please also visit our Privacy Policy and Children's Privacy Policy Section for information explaining the information we collect and how we use it.

Copyright and Trademarks

Unless otherwise stated in this Agreement or on the Service, SportsPlus is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
All brand, product and service names used in the Services which identify SportsPlus are proprietary marks of SportsPlus. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of SportsPlus or any third party with respect to any such image, logo or name.
SportsPlus grants you a limited license to make personal use of the Service to access and review the Materials for your information purposes only. This license does not include the right to:
  • use the Service or Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses;
  • use framing techniques to enclose any portion of the Service, including any images found on the Service or any text or the layout or design of any page or form contained on a page;
  • publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media;
  • make derivative uses of the Service or the Materials;
  • any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of SportsPlus or any third party. Any unauthorized use of the Service will terminate the permission or license granted by SportsPlus to you under this Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Your Liability

You are solely responsible for your activities on our Service, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify SportsPlus and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.
Furthermore, SportsPlus takes no responsibility for any damages, injuries or other consequences that occur from you using SportsPlus content (e.g., skills and drills videos). These videos are there for informational purposes only and you and you alone must decide whether you can safely perform the techniques demonstrated. Many athletic or other active endeavors or hobbies, including those which may be described or shown in the SportsPlus content, should only be performed under the direction of qualified professionals and using appropriate safety equipment and personnel. You accept all responsibility and release SportsPlus from any liability arising out of or relating to your use of such content.
Trademarks and Service Marks
"SportsPlus," " SportsPlus.app" and SportsPlus logos are trademarks, service marks or registered trademarks of Thapos, a California corporation. Its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of SportsPlus or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without SportsPlus permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of SportsPlus, and may not be copied, imitated, or used, in whole or in part, without SportsPlus prior written permission. All other SportsPlus names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SportsPlus.
Third Party Software and Linking.
Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. SportsPlus makes no warranty with regard to the products or website of any other entity. SportsPlus has no control over the content or availability of any third-party software or website. In particular, (a) SportsPlus makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) SportsPlus notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
Limited Liability
You acknowledge, by your use of the Service, including any software or other materials on the Service, and any reliance upon it, is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Service. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall SportsPlus be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, images, data or other intangibles, even if SportsPlus has been advised of the possibility of such damages, that result from the use or the inability to use the Service, including its services, from any changes to the Service, including its services, or from unauthorized access to or alteration of your transmissions or content. You specifically acknowledge that down-time and computer viruses are risks inherent in the use of the internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential information about yourself in your use of the Service and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content.
If you are dissatisfied with the Service, or with any of these terms and conditions, or feel SportsPlus has breached these terms and conditions your sole and exclusive remedy is to discontinue using the Service and the services. The total liability of SportsPlus to you for any claim arising from or relating to these terms and conditions or use of the Service shall not exceed the amount paid by you for the services in question. It is the intention of both of us that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law.
Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.
Applicable Law and Venue
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Service.
Password
You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SportsPlus of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SportsPlus cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Changes to This Terms of Service
SportsPlus reserves the right to change or modify any of the terms and conditions contained in this Terms of Service, or any policy of the Service, at any time and in its sole discretion. If SportsPlus decides to change this Terms of Service, it will post a new version on the Service and update the effective date set forth above. Any changes or modifications to this Terms of Service or policy will be effective upon posting of the revisions. Your continued use of the Service following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review this Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply.
Conduct Policy
Please read this Rules Conduct Policy carefully. It governs your conduct while using our Service. ("SportsPlus"). By using our Service, you agree to be bound the terms of this Conduct Policy.
Any violation of this policy may result in the suspension or termination of your access to the Service and such action as we deem appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
Rules of Conduct Policy
By using any of the Service, you agree that you will not distribute any submission that:
  • is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
  • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
  • is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  • contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Service;
  • does not generally pertain to the designated topic or theme of the relevant Public Forum;
  • violates any specific restrictions applicable to a public forum, including its age restrictions and procedures;
  • is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet.
You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Service, which include, without limitation, use of the Service to:
  • register for the Service if you have not acknowledged reading and agreed to abide by the Terms of Use and the Privacy Policy;
  • interfere, disrupt or attempt to gain unauthorized access to other accounts of the Service or any other computer network;
  • use the Service in connection with any commercial endeavors;
  • post your personal information such as instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the Service;
  • post or give out any financial information or transmit electronically or physically any money to other Users;
  • create user accounts by automated means or under fraudulent or false pretenses;
  • create or transmit unsolicited electronic communications such as spam to Users or promote any products or services;
  • submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by SportsPlus;
  • submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;
  • submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Service;
  • harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
  • collect and publish any information about any of our Users;
  • adapt, modify or reverse engineer any portion of the Service;
  • Use any spider, robot, retrieval application, or any other device to retrieve any portion of the Service;
  • reformat any of the pages that are part of the Service;
  • disseminate, store or transmit viruses, worms, trojan horses or other malicious code or program;
  • encourage conduct that would constitute a criminal or civil offense;
  • violate any applicable federal, state, local or international law or regulation;
  • exploit children under 18 years of age;
  • invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age);
  • solicit personal information from a child under 13 years of age;
  • cheat or manipulate votes by creating fake user profiles or other activities which compromise the integrity of the competition/entries and points awarded;
  • submit false or misleading information to SportsPlus, the Service or other Users;
  • engage in any other activity deemed by SportsPlus to be in conflict with the spirit of these Terms and the Privacy Policy.
We cannot and do not assure that other Users are or will be complying with the foregoing Rules of Conduct or any other provisions of the Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
System and Network Security
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service or to breach security or authentication measures.
  • Unauthorized monitoring of data or traffic on the Service.
  • Interference with the Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
  • Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
  • Using manual or electronic means to avoid any use or access limitations placed on this Service.
Enforcement
Notwithstanding anything to the contrary in this Conduct Policy, SportsPlus reserves the right, but does not assume the obligation, to investigate any violation of this Rules of Conduct Policy or any other misuse of the Service or its systems, equipment or network. SportsPlus further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that SportsPlus deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in our Privacy Policy, SportsPlus reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if SportsPlus suspects you have violated this Rules of Conduct Policy or any law or regulation. SportsPlus also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
If you want to report any violations of this Rules of Conduct Policy, please contact us at: contact@sportsplus.app
Suspension and Termination of Access and Membership.
SportsPlus reserves the right to suspend or terminate your account and use of the Service, at any time, without notice, for any reason, including but not limited to the following:
  • breach of these Terms, including policies or guidelines set forth by SportsPlus elsewhere;
  • conduct that SportsPlus believes is harmful to other users of the Services or the business of SportsPlus or other third party information providers.
Further, you agree that SportsPlus shall not be liable to you or any third party for any termination of your access to the Service. SportsPlus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SportsPlus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Pricing and Payment.
The fees for the Services provided by the Service are posted on the Service. Fees are subject to change without notice. You agree to pay SportsPlus in advance the applicable fees for the Services provided by SportsPlus under this Agreement. SportsPlus will bill your PayPal account or credit card or bank account for all fees using PayPal. You will provide PayPal with accurate and complete billing information including legal name, address, telephone number, and PayPal or credit card or debit card billing information.SportsPlus will not have access to any of your billing information which is completely handled by PayPal. If such information is false or fraudulent, SportsPlus reserves the right to terminate the Services and your access to the Service in addition to seeking any other legal remedies. SportsPlus is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by SportsPlus. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date.No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth by the Service. SportsPlus fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.
SportsPlus offers payment processing services through WePay, Inc. ("WePay"), a third-party payment processor. In order for you to use WePay's payment processing services,you must register with WePay as a merchant. The WePay Terms of Service explain that process and are available
here:https://go.wepay.com/terms-of-service-us. The WePay Privacy Policy is available here: https://go.wepay.com/privacy-policy-us. By accepting this agreement with SportsPlus, if you want to use WePay payment processing services, you agree that you have reviewed the WePay Terms of Service and Privacy Policy for the country in which you are located and agree to them. If you have questions regarding the WePay Terms of Service or Privacy Policy, please refer to the WePay website at www.wepay.com or contact WePay at https://support.wepay.com/hc/en-us.
More Information
To learn more about the Acceptable Use Policy, please contact us
contact@sportsplus.app
This document was last updated on December 14, 2018.
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