Terms of Use
Updated March 31, 2009
The SportsHook service and network (“SportsHook”, or “the Service”) are operated by RUSS-Net Pte Ltd, SportsHook (a wholly-owned subsidiary of RUSS-Net Pte Ltd) and its corporate affiliates (collectively, “us”, “we” or “the Company”).
By accessing, viewing, downloading or otherwise using www.sportshook.com (“the Site”) or any webpage or feature available through the Service, any information provided as part of the Services, or any related emails, newsletters or services or by clicking “Join SportsHook” during the registration process, you (“the User”) are concluding a legally binding agreement with RUSS-Net Pte Ltd, 9 Jurong Town Hall Road iHub Unit 03-37, Singapore 609431, based on these Terms of Use (“Terms” or “the Agreement”).
If you do not agree with the Terms, do NOT access, view, download or otherwise use any SportsHook webpage, information or services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Eligibility
This Site is intended for users who are eighteen (18) years of age and above. You represent and warrant: (a) that you are at least 18 years old or above 13 years old with parental consent; and (b) that you agree to abide by all the terms and conditions of this Agreement.
Privacy
Your privacy is important to us, and you should understand how your personal data is collected, used, processed and disclosed. Please review our Privacy Policy.
Limited License
Provided you comply with all the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser to view information on SportsHook as we intend such information to be used and in accordance with the Agreement.
Account Information and Security
To access the Site, you will need to provide a personal password. Keep your password secure — you should not disclose it to another person. You agree to be fully responsible for all actions that take place through the use of your account, until you: (a) terminate the account; or (b) inform us of a breach (customer-service@sportshook.com).
You also agree to: (a) provide accurate, current and complete information about you during registration; and (b) maintain and update such or any information you provide to the Company, so as to keep it accurate, current and complete.
Service Availability
We allow you to access SportsHook as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue SportsHook, partially or entirely, or to charge and modify prices for SportsHook. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in SportsHook and all related items.
SportsHook reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt RUSS-Net has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
SportsHook may limit the number of connections you may have to other users and prohibit you from contacting other users through use of the Services.
Your Conduct
You understand that the Service and the Site are provided for your personal and non-commercial use only.
You agree NOT to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, identification numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another person or entity;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
- rent, lease, loan, trade, sell/re-sell access to SportsHook or any information therein, or the equivalent, in whole or in part;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type;
- imply or state, directly or indirectly, that you are affiliated with or endorsed by SportsHook unless you have entered in to a written agreement with the Company;
- deep-link to the Site for any purpose, (i.e. including a link to a SportsHook web page other than SportsHook’s home page) unless expressly authorized in writing by SportsHook or for the purpose of promoting your profile or a Team on SportsHook;
- add to a content field content that is not intended for such field (e.g. submitting a telephone number in the “Team Name” or any other field);
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide SportsHook, or any part thereof;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of SportsHook’s website;
- attempt to or actually override any security component included in or underlying SportsHook;
- infringe or use SportsHook’s brand, logos and/or trademarks, including, without limitation, using the word “SportsHook” in any business name, email, or URL or including SportHook’s trademarks and logos on any website without authorization.
User Content
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter,"post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company 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 the Company.
When you post User Content to the Site, 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 Site. By posting User Content to any part of the Site, 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, commercial, advertising, or otherwise, on or in connection with the Site 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 Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. SportsHook does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Third-Party Websites and Contents
SportsHook may include or automatically produce links to third party web sites (“Third Party Sites”). SportsHook is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. SportsHook may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content").
If you decide to leave SportsHook and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any
site to which you navigate from SportsHook or relating to any applications you use or install from the site.
User Disputes
You are solely responsible for your interactions with other members. SportsHook reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if SportsHook determines, in its sole discretion, that doing so is prudent.
Communications and Disclosure
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of SportsHook, the SportsHook Affiliates, its users and the public.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Trademarks
SPORTSHOOK and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in Singapore and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Copyright Infringement
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide SportsHook with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The information can be forwarded as follows:
by e-mail at copyright@sportshook.com or by mail at:
SportsHook
Attn: Copyright
9 Jurong Town Hall Road iHub Unit 03-37
Singapore 609431
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- SportsHook may remove or disable access to the material that is alleged to be infringing;
- SportsHook may forward the written notification to such alleged infringer; and
- SportsHook may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
Counter-Notification:
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with SportsHook.
To be effective, a Counter-Notification must be a written communication provided to SportsHook for Notice that includes the following information:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the Singapore Court , or if the alleged infringer’s address is outside of Singapore, for any judicial district in which Sports Hook may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- SportsHook may promptly provide you with a copy of the Counter-Notification;
- SportsHook may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- SportsHook may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided SportsHook has not received notice from you that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on SportsHook’s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
Disclaimer
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by SportsHook, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. 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, or any affiliation therewith, by Company.
Limitation of Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED ONE HUNDRED SINGAPORE DOLLARS (S$100). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and have accessed the Site without parental consent. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law
These Terms, the Privacy Policy and the relationship between you and RUSS-Net are governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to its conflict of laws provisions, or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Singapore, and you consent to the jurisdiction of such courts.
General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.sportshook.com, and via email or any other communications means to contact information you provide to us. You may notify us only via fax to: +65 63364757, RUSS-Net Pte Ltd, Attn: Legal Department; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.sportshook.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any RUSS-Net Affiliate shall be deemed legally binding on any RUSS-Net Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of RUSS-Net.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: RUSS-Net Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, RUSS-Net Pte Ltd for any third party that assumes our rights and obligations under this Agreement.
Complaints Regarding Content
To notify SportsHook of Content that infringes your rights (other than copyright violations in which case please see Section on Copyright Infringement above) or is otherwise unlawful (“Specified Content”), you must send a notice to SportsHook Complaint Department by mail, e-mail, or fax, and provide the following information:
- Your name, address, telephone number, and e-mail address;
- A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
- A description of the exact location of the Specified Content on the Web Site;
- (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
- (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
- Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Contact information for SportsHook’s Complaint Department is as follows:
E-Mail: complaints@sportshook.com
Fax: +65 63364757
Mail:
SportsHook
ATTN: Complaints
9 Jurong Town Hall Road iHub Unit 03-37
Singapore 609431