Terms & Conditions
User Agreement
This user agreement ("Agreement") is entered into between Spordle Inc. ("Spordle") and the user ("User", "you", "your") to govern your use of Spordle Solutions ("Solutions" ) which you will access from one of the Spordle platforms. Please read this agreement carefully. By accessing, browsing or using the Platform, you agree to be bound by these Terms of Service and any related policies or guidelines, including any subsequent modifications or modifications.
1. User
User agrees to provide accurate, complete and current information as required. User agrees to notify Spordle of any changes to such information by periodically updating such information. Please refer to Spordle's Privacy Policy to understand how Spordle collects, uses and discloses your personal information. The Service is not intended for use by children under the age of 13. If you are under 13, please do not register or submit personal information to the Service. There is no charge to register for the Service.
2. Access to the Platform
During the process of creating your user account ("Account"), the user will be required to choose a password to access the Platform. The user must ensure that his password remains confidential at all times since he is entirely responsible for any and all activity related to the use of his password. Each password is to be used by one user only and is not transferable. If User becomes aware of any breach of security (as that term is defined below) using User's account, User should immediately notify Spordle and change User's password. Unless User has already notified Spordle of the breach, User acknowledges that Spordle shall have the right to treat any instruction transmitted using User's password as having been authorized by User and shall have no obligation to trace the origin of such instruction. User agrees not to authorize any use of the Platform that is likely to damage, disrupt or unreasonably interfere with its proper operation.
After choosing a password, the user will obtain an account that allows him/her to access the platform. The user will have the option to add people ("members") to his/her account or to keep his/her account private. User represents and warrants that User has the legal authority, as a parent, guardian or in any other capacity, to provide Spordle with information regarding such Members or is otherwise expressly authorized by such Members to provide and use such information as provided herein. User represents and warrants that each Member understands that User and other Members may access their information through the Account and consents to grant such access.
3. User's Responsibilities
You are solely responsible for your activities on our Service, including all content you submit or that a third party submits on your behalf or uses your account. You agree to indemnify Spordle and its shareholders, directors, officers, employees, agents, successors and assigns from and against any and all claims, actions, demands, suits, proceedings and all related losses, liabilities, damages, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees) incurred by any indemnified party arising out of: (a) any violation of law or regulation by your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms of Service, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of any third party's intellectual property rights by any User Content that you submit or that a third party submits on your behalf or through your account.
In addition, Spordle takes no responsibility for any damages, injuries or other consequences from you using Spordle Content (e.g., drilling skills and videos). These videos are for informational purposes only and you and you alone must decide if you can safely perform the techniques demonstrated. Many athletes or other active activities or hobbies, including those that may be described or displayed in the Spordle Content, should only be performed under the direction of qualified professionals and using appropriate safety equipment and personnel. You accept all responsibility and release Spordle from any liability arising from or in connection with your use of such content.
You agree to the terms of Spordle's Conduct Policy related to your use of the Service, including your submission of data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials. The Conduct Policy is located at the end of, and forms part of, these Terms of Use.
4. Termination
This Agreement is effective upon acceptance by User and will remain so until terminated by User or Spordle. This Agreement may be terminated by Spordle without cause at any time after the User receives notice of termination.
If the account remains inactive for a period of 12 months, Spordle reserves the right, in its sole discretion, to close the account, without notice. Except in the cases provided for in this agreement, the user may re-register for the platform at any time.
If a party violates any of the terms of this Agreement (each violation being a (“Default”) and such default is not remedied within 10 days (“Remediation Period”) following the date of receipt of a notice of default from the injured party, this agreement may be terminated by the injured party at the expiration of the remediation period.
5. Limitation of Liability
We are not responsible for any indirect, special, incidental, consequential or punitive damages (including, but not limited to, loss of use, loss of profit, or loss of data), whether it is contractual action, tort (including, but not limited to negligence), equity or otherwise, arising out of the use or inability to use this site or the related materials from unauthorized access or modification of data.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions, or damages, so some of the above exclusions may not apply to you.
6. General Provisions
a. Governing Law and Jurisdiction:
The Terms of Service and transactions on the Service shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, pursuant to agreements entered into and fully performed within the Province of Quebec, Canada, 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 the Provincial Court of Quebec, the Jurisdiction of Montreal and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
b. Entire Agreement:
This Agreement sets forth the understanding and agreement between Spordle and User with respect to the purpose pursued by User in connection with User's use of the Platform. This Agreement supersedes and incorporates all prior written, oral or other agreements, discussions, negotiations, commitments and understandings regarding our products and services.
c. Severability of Terms:
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and construed to effectuate the intent of the original provision to the fullest extent of the law, and the remaining provisions of this Agreement shall remain valid.
d. Changes to these Terms and Conditions of Use:
Spordle reserves the right to modify or amend the terms and conditions contained in these Terms of Use or any policy of the Service at any time in its sole discretion. If Spordle decides to change these Terms of Use, it will post a new version on the Service and update the effective date above. Any changes or modifications to these Terms of Use or the Policy will be effective upon posting of the revisions. Your continued use of the Service following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply.
7. Conduct Policy
In the event of a breach of anything in this Conduct Policy, Spordle reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Service or its systems, equipment or networks. Spordle reserves the right (in its sole discretion) to monitor, edit, modify, remove or disable access to any content that violates these provisions or that Spordle deems to be improper. Without prejudice to the foregoing, and notwithstanding anything to the contrary in our Privacy Policy, Spordle reserves the right to report any activity, data or person (including disclosure of relevant information) to appropriate law enforcement officials, regulatory agencies or other appropriate third parties if Spordle suspects that you have violated this Conduct Policy or any law or regulation. Spordle may also cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
If you wish to report any violations of this Conduct Policy, please contact us at [email protected].
8. Repeat Violation Policy
We reserve the right, without notice and in our sole discretion, to terminate your account and license to use the Service and to block or prevent future access to and use of the Service.
Without limiting the foregoing, and pursuant to the Copyright Act (R.S.C. (1985), c. C-42), it is Spordle's policy to terminate, in appropriate circumstances determined in our sole discretion, subscribers or account holders who we determine are repeat infringers. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. If you believe that your copyright has been infringed by material uploaded by a Spordle user please contact us at [email protected].