服务条款

Last Updated: October 01, 2023

 

By accessing, browsing, using, and/or downloading the pages on www.sportsmeinc.com, (the “Website”), you agree to accept and comply with our terms of use and conditions set out below (the “Agreement”). If you do not agree to accept and comply with this Agreement, you should not access, browse, or otherwise use this Website. SPORTSME INC reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates. 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

 

Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.

Content and Copyright

This Website is intended for your personal, non-commercial use. All materials published on the Website (including, but not limited to articles, photographs, images, illustrations, and audio clips and video clips, also known as the "Content") are protected by copyright pursuant to U.S. and international copyright laws and are owned or controlled by the Website or the party credited as the provider of the Content. You may not reproduce, publish, transmit, modify, participate in the transfer or sale of, create new or derivate works from, distribute, display, or in any way exploit, any of the Content in whole or in part, without our written consent.

User Accounts

You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

User Content

Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and SPORTSME, you retain all rights in and to your User Content. You grant SPORTSME a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.

Liability

You acknowledge that your use of this Website is at your sole risk. To the maximum extent permitted by applicable law, under no circumstances, including negligence, shall the Website or any other party (whether or not involved in creating, producing, maintaining, or delivering the Website) and its owners, officers, employees, and contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages (collectively, “Damages”) that result from the use of or inability to use this website. The Website shall not be responsible for any Damages whatsoever that result from mistakes, inaccuracies, errors, omissions, or interruptions.

Typographical Errors

In the event that a SPORTSME product is mistakenly listed at an incorrect price, SPORTSME reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SPORTSME reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SPORTSME shall issue a credit to your credit card account in the amount of the incorrect price.

Limited License

Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to SPORTSME and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, SPORTSME and our licensors reserve all rights in and to our Services. SPORTSME grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors;    (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

Hyperlinks

You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray SPORTSME or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the SPORTSME logo or other proprietary graphic of SPORTSME to link to our Services without our express written permission.

Third-Party Content

In an attempt to provide increased value to our visitors, SPORTSME may link to sites operated by third parties. However, even if the third party is affiliated with SPORTSME, SPORTSME has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SPORTSME. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SPORTSME seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Access to Website

While we endeavor to ensure that this Website is available at all times, SPORTSME will not be liable if, for any reason, this Website is unavailable at any time or for any period.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SPORTSME or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

SPORTSME does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SPORTSME is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SPORTSME reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SPORTSME in its sole discretion.

Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about SPORTSME or our products or Services (collectively, “Feedback”), is non-confidential and SPORTSME will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless SPORTSME, our affiliates, and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively, the “ SPORTSME”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify SPORTSME of any third-party Claims, cooperate with SPORTSME in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the SPORTSME will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the SPORTSME.

Disclaimers

We do not control, endorse or take responsibility for any Third-Party Content available via our Services. Your use of our Services is at your sole risk. Except as otherwise provided in these Terms (including any limited warranty applicable to a SPORTSME Product), our Services and the products purchased via our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except that if SPORTSME provides an express limited warranty for a SPORTSME Product, the implied warranties are limited to the term of that limited warranty. In addition, SPORTSME does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While SPORTSME attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality and performance of the Services and the products you purchase via the Services.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and any applicable Additional Terms constitute the entire agreement between you and SPORTSME relating to your access to and use of our Services. The failure of SPORTSME to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

Severability

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.   This Agreement constitutes the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.

Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others.   If you believe that anything on our Services infringes any copyright that you own or control, you may notify SPORTSME as follows:

SPORTSME INC

sportsmeinc@gmail.com

Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to SPORTSME for certain costs and damages.

 

Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute or other legal action concerning this Agreement, including any arbitration or litigation proceedings, shall be conducted in Los Angeles, California.

Contact

If you have any questions or concerns regarding the Services or these Terms, please contact SPORTSME at: sportsmeinc@gmail.com.