Sports Monster Membership Terms of Agreement
- Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
- Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement.
- Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
(ii) Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send a letter and self-addressed stamped envelope to: Sports Monster, 1553 Parsons Avenue, Columbus OH 43207
(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
e. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
2. Eligibility. You must beat least eighteen (18) years of age to register as a Member of Sports Monster or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Membership and Subscription; Pricing. You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to communicate with other Members, you must become a paying subscriber to the Service. From time to time, Sports Monster may remove the Portraits of non-subscribers.
a. Membership Subscription Fees:
Free Membership incurs no fees.
Annual Membership fees are $19.95 per year with automatic renewal.
All payment terms are to be provided in US dollars.
Members of Matching Monster or Social Monster who are taking advantage of complementary Membership on Sports Monster will be subject to renewal fees as outlined in those unique programs. Please reference www.matchingmonster.com or www.socialmonster.com for more information pertaining to your Membership.
b. Payment for Membership Subscription Fees
All Membership Subscription Fees are on a Pre-Pay Basis Only. Upon submission of Membership information via Sports Monster’s website, hard copy or Membership representative, the Member is responsible for and has agreed to the terms of payment and to provide full payment for trial, monthly or annual Memberships.
Monthly and Annual Memberships shall automatically be renewed at the end of the term.
4. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your Membership and/or subscription at any time, for any reason, by following the instructions on the Resign pages in Account Settings, or by sending Sports Monster written notice of termination to Sports Monster, 1553 Parsons Ave, Columbus OH 43207.
Membership Term Definitions: All subscription based paying customers of Sports Monster shall be considered members. Membership will go into effect immediately following confirmation of payment.
a. Annual membership shall be effective from date of payment processing through 12 consecutive months. Annual members are subject to monthly activity fees as outlined.
If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Sports Monster may terminate your Membership and/or subscription by sending notice to you at the email address you provide in your application for Membership, or such other email address as you may later provide to Sports Monster. If Sports Monster terminates your Membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Sports Monster. Sports Monster is not required to provide you notice prior to terminating your Membership and/or subscription. Sports Monster is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your Membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Sports Monster, which may be revoked at any time, for any reason, in Sports Monster's sole discretion.
6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Sports Monster ofany unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sports Monster will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
7. Your Interactions with Other Members. You are solely responsible for your interactions with other Members. You understand that Sports Monster does not in any way screen its Members, nor does Sports Monster inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Sports Monster makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall Sports Monster be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. You understand that Sports Monster makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
8. Content on Sports Monster.
(a) Proprietary Rights. Sports Monster owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Sports Monster, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Sports Monster, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Sports Monster does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Sports Monster or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
(c) Sports Monster and all of the agreed sponsors and partners have exclusive rights to offer promotional materials, offers, and discounts related to our members via e-mail campaigns. By becoming a member you agree to receive any and all outside promotional offers with an easy "opt out" link to click through.
9. Content Posted by You on Sports Monster.
a. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, in accurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide in accurate, misleading or false information to the Company or to any other Member. If information provided to Sports Monster, or another Member, subsequently becomes in accurate, misleading or false, you will promptly notify Sports Monster of such change.
b. You understand and agree that Sports Monster may review and delete any content, messages, double-blind emails, photos or Portraits (collectively,"Content"), in each case in whole or in part, that in the sole judgment of Sports Monster violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
c. By posting Content to any public area of Sports Monster, you automatically grant, and you represent and warrant that you have the right to grant, to Sports Monster, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub licenses of the foregoing. You further represent and warrant that public posting and use of your content by Sports Monster will not infringe or violate the rights of any third party.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Sports Monster reserves the right to investigate and take appropriate legal action in its sole discretion against any one who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. It includes, but is not limited to, Content that:
· is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
· harasses or advocates harassment of another person;
· involves the transmission of "junkmail", "chain letters," or unsolicited mass mailing or"spamming";
· promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
· promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
· contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
· provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
· provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
· solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
· solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
e. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
f. You may not include in your Member Portrait any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Sports Monster cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
h. All information you include in your Member Portrait must be accurate, current and complete.
10. Prohibited Activities. Sports Monster reserves the right to investigate and terminate your Membership if you have misused the Service, or behaved in away which could be regarded as in appropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
· You will not impersonate any person or entity.
· You will not "stalk" or otherwise harass any person.
· You will not express or imply that any statements you make are endorsed by Sports Monster without our specific prior written consent.
· You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
· You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
· You will not remove any copyright, trademark orother proprietary rights notices contained in the Service.
· You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services orthe site.
· You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, filesor programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
· You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
· You will not "frame" or"mirror" any part of the Service or the Website, without Sports Monster's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Sports Monster or the Service or the site in order to direct any person to any other web site for any purpose.
· You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
11. Customer Service. Sports Monster provides assistance and guidance through its customer service representatives. When communicating with our customer service representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your Membership and you will not be entitled to any refund of unused subscription fees.
12. Subscriptions; Charges on Your Billing Account.
(a) General. Sports Monster bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Sports Monster all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Sports Monster to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Sports Monster reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. SPORTS MONSTER MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY SPORTS MONSTER) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SPORTS MONSTER REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT SETTINGS IN THE MY PROFILE SECTION.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER,OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY SPORTS MONSTER IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE VIA YOUR ACCOUNT SETTINGS IN THE MY PROFILE SECTION. IF YOU FAIL TO PROVIDE SPORTS MONSTER ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT SPORTS MONSTER MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY SPORTS MONSTER).
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Sports Monster does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
(e) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Sports Monster shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Sports Monster may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(f) Auto-renewal. Your Sports Monster subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to your Member Dashboard and follow the cancellation instructions. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Sports Monster is authorized to charge your Payment Method. Sports Monster may submit those charges for payment and you will be responsible for such charges. This does not waive Sports Monster's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Service to have the charges reversed.
13. Modifications to Service. Sports Monster reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sports Monster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. Blocking of IP Addresses. In order to protect the integrity of the Service, Sports Monster reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent 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 Website; your address, telephone number, and email address; a written 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; 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. Sports Monster's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Legal Department, Sports Monster, 4237 N Western Avenue, Chicago IL 60618-2815.
16. Member Disputes. You are solely responsible for your interactions with other Sports Monster Members. Sports Monster reserves the right, but has no obligation, to monitor disputes between you and other Members.
18. Disclaimers. Sports Monster is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Sports Monster is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Sports Monster 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 or Member communications. Sports Monster is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Sports Monster or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Sports Monster expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sports Monster cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute forany professional financial, medical, legal, or other advice. Sports Monster makes no representations or warranties and expressly disclaims any and allliability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
19. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sports Monster has no control over such sites and resources, you acknowledge and agree that Sports Monster is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sports Monster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to becaused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
20. Linked Accounts. Sports Monster permits you to associate a Sports Monster username and password with a Social Monster or Sports Monster membership with payment of an Annual Membership. When you establish a linked account, you can automatically sign into Sports Monster at the same time.
21. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Sports Monster be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Sports Monster has been advised of the possibility of such damages. Not withstanding anything to the contrary contained herein, Sports Monster'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 Sports Monster for the Service during the term of Membership.
22. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
23. Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Illinois, in Cook County, for the resolution of any such dispute.
24. Indemnity by You. You agree to indemnify and hold Sports Monster, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
25. Other. This Agreement contains the entire agreement between you and Sports Monster regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please CONTACT US with any questions regarding this agreement. Sports Monster is a trademark of Sports Monster Corporation.