Terms and Conditions
SportingPulse Online Membership (mySport) Terms of ServiceWelcome to mySport, an online membership service provided by SportingPulse Pty Limited (SportingPulse) that allows members to engage or opt-in to a range of services such as; receiving personalised results and reminders from SportingPulse, managing sporting interests through creating a personal profile and webpage, and registering for competitions and offerings from SportingPulse and their partners.
SportingPulse provides this service to you subject to the following Terms of Service. These terms may be updated without notice to you and are deemed to be binding once displayed on the SportingPulse website. The Terms of Service sets out the legally binding terms for your use of the mySport Services. By using the mySport Services, you agree to be bound by these terms whether you are a "Visitor" (which means that you simply browse the mySport pages) or you are a "Member" (which means that you have registered with SportingPulse. The term "User" refers to a Visitor or a Member. You are only authorized to use the mySport services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
Description of ServicesSportingPulse will provide users with access to results, fixtures, ladders, statistics, communication tools, forums, blogs, personalized content, newsletters, emails, SMS which may be accessed through various medium and devices. You understand and agree that services may include advertisements, sponsored messages, advertorials, (sponsored content) and that this sponsored content is necessary for SportingPulse to provide the services to you.
Member RegistrationYou agree to provide true, accurate, current and complete information about yourself as prompted by the mySport registration form and maintain and promptly update the registration form to keep it true, accurate, current and complete.
Proprietary Rights in mySport PagesYou agree that all content appearing on the mySport pages and available through provision of the services, including but not limited to text, graphics, pictures, videos, information, applications, software and other files are the proprietary property of SportingPulse, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without SportingPulse’s prior written approval. SportingPulse. Users must not attempt to impersonate another Member or person. Users must not use the account, username, or password of another Member at any time or disclose their password to any third party or permitting any third party to access your account. Users must not sell or otherwise transfer their URL or profile. SportingPulse reserve the right to reclaim users' mySport URLs for its own use.
User contentYou are solely responsible for the photos, profiles, messages, notes, text, information, music, video, listings, and other content that you upload, publish or display on or through the Services or the mySport pages, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the mySport pages or Service that you did not create or that you do not have permission to post. You understand and agree that SportingPulse may, but is not obligated to, review the mySport pages and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of SportingPulse violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to SportingPulse.
When you post User Content to the mySport pages, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the mySport pages. By posting User Content to any part of the mySport pages, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the mySport pages or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the mySport pages at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that SportingPulse may retain archived copies of your User Content.
Member conductThe services are made available for your personal, non-commercial use only. Businesses, organisations or other legal entities may not use the services for any purpose. You may not use the services for any illegal or unauthorized purpose. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the mySport pages. We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
covering or obscuring the banner advertisements on your mySport pages, by any means
modifying, adapting, translating, or reverse engineering any portion of the services;
removing any copyright, trademark or other proprietary rights notices contained on the mySport pages;
using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the services;
collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
reformatting or framing any portion of the web pages that are part of the services;
creating user accounts by automated means or under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service;
submitting Materials of any third party without such third party's prior written consent;
directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by SportingPulse;
submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
submitting Materials that are unlawful or promote or encourage illegal activity; or
submitting false or misleading information.
SportingPulse has no obligation whatsoever to monitor any user’s use of the mySport pages or to edit, delete or refuse to post any Material. However SportingPulse reserves the right to monitor your, or any user’s, use of the mySport pages and to edit, refuse to post or remove any Material whatsoever. SportingPulse reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of the Services.
IndemnityYou agree to indemnify and hold SportingPulse affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Services, your use of the Services or your violation of any rights of another.
Modification to the ServicesSportingPulse reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree that SportingPulse shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Dealings with Providers of Sponsored ContentYour correspondence or business dealings with, or participation in promotions of, advertisers and sponsors found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and sponsor. You agree that SportingPulse shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
TrademarksAll names, logos and trademarks are the property of SportingPulse or the third parties who have contributed to the Services. Nothing on the Website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of the Owner or the relevant contributor.
Termination of User’s RightsSportingPulse may in its absolute discretion and without notice:
(a) refuse any person's right to use the mySport Services
(b) suspend or cancel any SportingPulse User's rights.
Disclaimer of WarrantiesYou expressly understand and agree that:
Your use of the mySport services is at your sole risk. The service is provided on an "as is" and "as available" basis. SportingPulse and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties 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.
SportingPulse and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that the service will meet your requirements; the service will be uninterrupted, timely, secure or error-free; the results that may be obtained from the use of the service will be accurate or reliable; and any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from SportingPulse or through or from the service shall create any warranty not expressly stated in the Terms of Service.
GeneralYou acknowledge that:
(a) You are responsible for obtaining all hardware and software to use the mySport Services and must pay all telecommunications costs and charges incurred by you in using the Services;
(b) SportingPulse does not warrant that:
(i) any message to or from the SportingPulse has not been altered in transmission;
(ii) the mySport Services will be accessible, uninterrupted or free at all times;
(iii) any message to or from SportingPulse will be received by the intended recipient.