SPORTZING TERMS OF SERVICE

By using the sportzing.com web site or web application ("Service"), services of SportZing Incorporated ("SportZing"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

SportZing reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://sportzing.com/legal/terms.html

Violation of any of the terms below will result in the termination of your Account. While SportZing prohibits such conduct and Content on the Service, you understand and agree that SportZing cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Protection of Minors

To use this Service you must be aged 13 or older. Additionally, if you are under 18, you must get the permission of your parent or guardian and get them to agree to these Terms on your behalf before you use the Service and before you provide any personal information to us. Also, to use some of the Services you may be asked to register with us and provide certain personal details. See the Privacy Policy regarding what we do with this information.

You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and have obtained all necessary third-party consents, licences and permissions necessary to enter into and fully perform your obligations under these Terms. In the event you are reading these terms to provide permission to a minor to use Shazam, you also represent and warrant that you have the full authority to act on behalf of the service user and that you are either more than 18 years of age and contracting for yourself or are the parent or guardian of the person who will use the Services and are entering into this contract to cover their usage. In any case, you affirm that you are, or the person who will use the Service (where you are the parent or guardian of that person) is, over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Service. If you are the parent or guardian of a person under the age of 13 then please do not let that person use the Service. Your access to the Services may be deleted or blocked without warning if it is found that you are misrepresenting your age or the age of the person using the Service. In this case your membership account and all related data may also be deleted without warning. Your access to the Services is solely for your personal use, and you must not authorize others to use your account.

Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
5. You are responsible for maintaining the security of your account and password. SportZing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. If you are using a free account you are not permitted to block ads.
8. One person or legal entity may not maintain more than one free account.
9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

Customers may access their SportZing account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses SportZing, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that SportZing shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SportZing has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to SportZing via the API may result in the temporary or permanent suspension of your account's access to the API. SportZing, in its sole discretion, will determine abuse or excessive usage of the API. SportZing will make a reasonable attempt via email to warn the account owner prior to suspension.
3. SportZing reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. If you initially sign up for a Personal, Basic, Plus, or Premium account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
3. An upgrade from any free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. SportZing does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings link in the global navigation menu at the top left of the screen. The Account Settings screen provides a simple no questions asked cancellation link.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. SportZing, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SportZing service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. SportZing reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. SportZing 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.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the SportZing Site (http://sportzing.com) or the Service itself.
3. SportZing shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content posted on the Service is must comply with U.S. copyright law.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
3. SportZing does not pre-screen Content, but SportZing and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright©2009-2010 SportZing Incorporated. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from SportZing.

Use of the Services

1. You agree that all information and content submited, posted, or uploaded to the Service by you is accurate the the best of your knowledge.
2. You agree to utilize the Service in an honest manner and will not attempt to take advantage of flaws or weaknesses in the system for personal advantage, financial gain, or any other reason.
3. You understand that certain information submitted to the Service may be shared with affiliated organizations, such as leagues, clubs, state associations, referee associations, national associations, and so forth. If you submit fraudulent data, these organizations may take further actions against you.
4. You understand that by intentionally submitting fraudulent data, you may be fined, suspended, and/or reported to professional committes for disiplinary action.
5. SportZing reserves the right at any time to suspend or terminate your account for any fraudlent activity detected or suspicion of fraudulent activity.
6. SportZing may deduct any funds paid to you that were determined to be fraudulent from future payments to you. We also reserve the right to take legal action to recover funds that were fraudulently received by you, as well as any legal fees incurred.
7. You understand that certain information, such as referee game reports, needs to be submitted to the Service in a timely manner to avoid late fees. These time limits are specified individually for each organization and are included in the information about the organization.
8. You understand that certain information, such as referee game reports, are submitted to SportZing for payment tracking purposes only. In many cases, you will still need to submit this information to another organization through already existing and established channels.
9. You understand that certain information, such as referee game reports and team rosters, must be submitted per the specifications of the league and that fines may be incurred if they are not handled properly.
10. If you are a referee, you agree to only accept assignments that you are able to participate in. You will not hold assignments for any length of time with the intention of turning them back if something better comes along.
11. If you are a referee, you agree to only accept assignments that you can arrive at in a timely manner. You will not accept assignments that conflict or prevent you from completing any assignment in its entirety.
12. If you are a referee, you agree to indicate that you and any other referees in your crew worked a match only if they really worked the match.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is only provided to paying account holders and is only available via email.
3. You understand that SportZing uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, SportZing, or any other SportZing service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SportZing.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SportZing customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 200 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by SportZing) of other SportZing customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
12. SportZing does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that SportZing shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SportZing has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
14. The failure of SportZing to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SportZing and govern your use of the Service, superceding any prior agreements between you and SportZing (including, but not limited to, any prior versions of the Terms of Service).
15. Questions about the Terms of Service should be sent to info at sportzing dot com.