The following is an outline of company policy for all Sports Monster Corporation (SMC) leagues, events as well as membership definitions and payment terms. Approval of these terms of service shall represent agreement by the customer of understanding and for full compliance:
- Acceptance of Terms of Service: Sports Monster reserves the right to update and change, from time to time,these Additional Terms and all documents incorporated by reference. Youcan always find the most recent version of this Addendum and the most recent version of the Sports Monster Terms of Service at www.sportsmonster.net.
- League Viability and SMC Right to Modify
SMC leagues are viable with a minimum of 4 teams per league. Once a league becomes viable with 4 teams and has begun operation, there are no refunds. If a league does not become viable with a minimum of 4 teams, or any unforeseen circumstance which requires a particular league to be entirely canceled in advance of the first match, full refunds will be given if team does not want to, or cannot, be placed in another SMC league.
League times and locations are as listed. However, SMC reserves the right to change specific league locations and operating times as necessary due to any required scheduling changes either on a weekly or seasonal basis. If there is a change in specific league location exceeding 10 miles for a majority (at least 5 weeks) of an entire season, customers will be given refund/credit options. Otherwise, there shall be no refunds or credits provided.
SMC also reserves the right to shorten any league due to multiple weather cancellations or unforeseen circumstances without any refund or credits provided.
- League Registration Terms
a. Individual Registrations: SMC requires independent registrants to provide three league choices, when available, to be placed in any SMC seasonal sports league.
Independent registrants placed in any of their three league choices are not eligible for any refunds. Independent registrants providing three league choices, when available, who cannot be placed will be entitled to a full refund.
Individual registrants who provide only one or two options and cannot be placed in that league will have their registration deferred until the next seasonfor placement - no refunds will be provided.
Teams may be formed by Individuals who register to be part of a specificteam. In such cases, individuals must include that team name or teamcaptain to guarantee same team placement. These pre-determined individual teams MUST have the minimum number of rostered players for that sport or SMC shall place additional individuals on that team, not to exceed the advertised maximum roster, to guarantee a complete team.
Individuals registering by themselves to play with one or more friends must include name of at least one of those friends for same team placement when they register. Unless separate friend registrations are received within the same 24 hour period, same team placement is not guaranteed although SMC will make every effort to place requested friends on same team.
Individuals registering together or as a group with one payment are guaranteed same team placement in their top three choices or may receive a refund.
An independent registrant who will not be able to participate in their season due to an illness or injury must notify SMC in writing withinthe first week of the start of the league for future league placement-no refunds will be provided. A doctor’s note must accompany any illness/injury league deferment request. If approved, league deferment may not exceed more than three (3) seasons or nine (9) months –whichever comes first at which time it becomes null and void. Once a season enters its second week of operation, there is no consideration for change in participation due to injury or illness.
SMC will NOT place more than the advertised maximum number of players on any individual team roster without the consent of the members of that team in advance.
b. Registering as a Full Team and Rosters
SMC does not require team captains provide a full roster at the time of registration. However, an incomplete roster with less than the minimum number of roster players submitted at time of registration will cause per player registration fee to be maximized. There are no refunds for a final roster difference.
A complete roster must be posted online during the season to match the players participating in the league to those who signed the team waiver. The online roster and team waiver must match for any specific player to be eligible for ongoing league play and playoff participation. Any player not listed on the online roster and/or not signing the team shall be ineligible for continued league play.
Captains may modify roster during the course of the season. Players may However, as players are added above the originally submitted roster, those players shall be subject to the per player fee (if not a paid annual member of SMC). Additional players above the maximum number of rostered players are allowed with the payment of the SMC substitute fee.
Teams registered in full as a team by one person (captain) have rosters controlled by that captain and players within the team. SMC may NOT place individual players on a team roster without the express written consent of that team’s captain or representative.
Teams may be formed by Individuals who register to be part of a specific team. In such cases, individuals must include that team name or teamcaptain to guarantee same team placement. These pre-determined individual teams MUST have the minimum number of rostered players for that sport or SMC shall place additional individuals on that team, not to exceed the advertised maximum roster, to guarantee a complete team.
c. Start a Team As Captain and Invite Players
For a captain who wishes to form a team without paying for the complete team fee, they can start a team and invite players. SMC does not require team captains provide a full roster at the time of registration. Nor do captains have to pay for more than their own individual fee.
Players may be invited by the captain during the registration process or from their personal Dashboard once the registration has been processed. Individual players may also request to be placed/play with a specific team.
With this type of registration, each player pays the individual fee to participate on this team.
The minimum team roster size must be met at least 3 business days prior to the advertised start of the league. Failure to meet the minimum roster size as noted shall open the roster to SMC involvement either via adding more individuals to fill the roster (not to exceed the maximum roster size) or to dissolve the team and move rostered individuals to another partial team.
When roster size meets and/or exceeds the minimum roster size, that roster shall be controlled by that captain and players within the team. SMC may NOTplace individual players on a team roster without the express written consent of that team’s captain or representative.
A complete roster must be posted online during the season to match the players participating in the league to those who signed the team waiver. The online roster and team waiver must match for any specific player to be eligible for ongoing league play and playoff participation. Any player not listed on the online roster and/or not signing the team shall be ineligible for continued league play.
4. League, Tournament and/or Event Payment Terms
All league fees must be paid in full as listed by each sport and/or event. Team or individual registration made online or via fax, in person or by USPS mail constitutes an agreement to provide full payment.
Verbal registrations will not be accepted and will not be considered as confirmation for holding a team or individual spot without receipt of full payment.
For sponsored teams, any fees paid by an individual for a team shall be refunded upon an equal payment provided by a third party to SMC with reference to league/location.
All league, tournament or event payments are to be provided in US dollars.
Any discount programs being offered may not be combined.
The two-payment plan, applicable for total team fees exceeding $500.00, is considered a contract to pay and represents obligation for full payment. All second payments will automatically be processed via the credit card information approved by the captain on/by the second week of league operations unless customer provides a new credit card number, check or money order representing the balance of fees owed SMC in advance.
Customers paying by credit card are subject to a 3% convenience fee. This fee can be avoided by making payment by check/money order.
Failure to provide payment in a timely fashion (by first match if total balance due or by second match if two-payment plan applies) shall result in a 10% Late Fee to be added to the total balance due.
Pre-season cancellation for all SMC leagues and tournaments is permitted up to 72 hours in advance of the advertised start of league. A 30% fee shall be assessed for any applicable pre-season cancellations. Pre-season cancellation MUST be done in writing via USPS, FedEx, UPS, courier delivery or fax. E-mailed or telephoned cancellations will NOT be accepted.
There is no special pre-season cancellation provision for event registration.
- Forfeiture of League, Tournament or Event Participation: Failure by an individual player, group or an entire team to abide by SMC policy including but not limited to: fighting, abusive language, violation of no alcohol policy, theft or defacement of SMC property, defacement of facility property, three regular season match forfeitures, single playoff match forfeiture, disregard of SMC rules and failure or refusal to sign SMC team or event liability waiver shall result in expulsion and void any refund or future credit.
- Membership Subscription Payment Terms
a. Membership Subscription Fees:
Free/Basic membership incurs no fees.
Annual membership fees are $49.95 per year with automatic renewal.
Members of Social Monster or Matching 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.socialmonster.com or www.matchingmonster.com for more information pertaining to your membership.
b. Payment for Membership Subscription Fees
All payments are to be provided in US dollars. 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 annual memberships.
Annual membership shall automatically be renewed at the end of the term.
Customers paying bycredit card are subject to a 3% convenience fee. This fee can beavoided by making payment by check/money order.
7. Membership cancellations – Two Types of Cancellations
a. Membership Subscription Cancellation within first Seventy-Two Hours: You may cancel these Terms of Service, without any penalty or obligation, at any time prior to midnight of the third day following the original date of this membership contract, excluding Sundays and federal holidays.
To cancel this agreement under this Seventy-Two Hour Cancellation Policy, mail or deliver a signed and dated notice or send telegram with your FULL NAME, Sports Monster ID, BILLING ADDRESS USED FOR MEMBERSHIP SUBSCRIPTION and E-MAIL ADDRESS, which states that you, the member, are canceling this agreement, or words of similar effect. This notice shall be sent to: Sports Monster, Attn: Cancellations, 4237 N Western Ave, Chicago IL 60618-2815.
PLEASE NOTE THAT THE FOLLOWING NOTICES WILL NOT BE PROCESSED: (A) NOTIFICATIONS MISSING YOUR FULL NAME, SPORTS MONSTER MEMBER ID OR BILLING ADDRESS, (B) NOTIFICATIONS SENT BY E-MAIL, PHONE OR FACSIMILE,OR (C) NOTIFICATIONS MAILED OR TELEGRAMMED AFTER THE FIRST THREE BUSINESS DAYS OR YOUR MEMBERSHIP SUBSCRIPTION.
If you do not submit a proper, complete and timely notice, your membership subscription will not be canceled and you will not receive a refund.
b. Membership Subscription Cancellation after first Seventy-Two Hours: To cancel your membership subscription after the first three business days of your membership subscription, sign in on www.sportsmonster.net with your member ID and password, follow instructions to Cancel Membership.
Members are required to cancel active membership online through the website or via regular mail. There are NO exceptions.
PLEASE NOTE THAT THE FOLLOWING NOTICES WILL NOT BE PROCESSED: NOTIFICATIONS SENT BY E-MAIL, PHONE OR FACSIMILE.
*Important*:This cancellation does not affect any charges that have been incurred to date. If your account was re-billed prior to your cancellation date, you will see a charge on your statement from Sports Monster. We will pursue any charge that is mistakenly disputed because you did not recognize the item. Sports Monster reserves the right to transfer yourinformation (i.e. IP, email and physical address, as well as the credit card information) to our Credit Collection Agency. This Agency will take all necessary actions to collect the funds that were disputed.
8. Minimum age for membership/participation: Sports Monster has a minimum age requirement of 19 years old for participation. All Sports Monster events have a minimum age requirement of 21 years old for participation. Photo ID must be provided upon request at any time during the course of a Sports Monster league,tournament or event. Failure to provide an official photo ID with birthdate shall void participation until such time adequate proof can be provided.
All participants must sign a waiver of liability at or before attending their first event or league. Failure or refusal to do so shall void participation and no refunds shall be provided.
9. Sports Monster Reservation of rights: Sports Monster expressly reserves the right to immediately modify, suspend or terminate any Player or Member’s account and refuse current or future use of any Sports Monster service without explanation. Failure to abide by Sports Monster rules or failure to provide full payment will resultin forfeiture of event/membership participation. No refunds will be provided in such instances.
10. Customer Demeanor: Sports Monster requires that all customers conduct themselves with goodsportsmanship, dress appropriately and utilize proper civility and language during leagues, tournaments or events. Failure to conduct oneself in an appropriate manner will result in match suspension and possible league expulsion without any refund.
11. Waiver of Liability: Customers agree to indemnify and hold harmless Sports Monster, Matching Monster, Social Monster and its employees and directors, information providers, licensors, suppliers, agents, and ISPs against all claims, liabilities, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of Member's account and participation in SMC leagues and events. This includes, without limitation, responsibility for all such consequences of User's (or that of any user of User's account) violation of the Membership Agreement.
Customer signature on a league, tournament or event SMC waiver is required for participation. Failure or refusal to sign shall void participation without refund. Forgery of signatures on waiver forms shall be prosecuted to the fullest extent allowed under the law.
12. Right to Enforcement: This Agreement is for the benefit of Sports Monster and its employees and directors, information providers, licensors, suppliers, agents, and ISPs; and each shall have the right to assert and enforce such provisions directly on its own behalf.
13. Correspondence: All questions and correspondences should be sent by regular mail, FedEx or UPS to: Sports Monster, 4237 N Western Ave, Chicago IL 60618-2815 or call (773) 866-2955 during regular US Central time business hours.
Use of this web site requires the user or visitor of the web site to agree to the following:
- Copyright Information
All logos and images, text, and web site design elements contained in this site are the property of Sports Monster Corporation © (hereafter referred to as SMC). Use, redistribution, or alteration of the materials here is strictly forbidden without the express written permission of SMC. You may, however, copy and print portions of this Web site for the sole purpose of placing an order with SMC or using this Web site as a shopping or reference resource.
- Privacy Policy
SMC respects the users' right to privacy. SMC does not collect personal information about its users and sell that information to others.
1. However, due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. We specifically discourage the use of e-mail to communicate such sensitive information as credit card numbers.
2. SMC is not liable for protection or privacy of electronic mail or other information transferred though the Internet or any other network that you may utilize to contact us.
3. Until SMC receives secure socket layer capabilities, e-mail to us should not be considered secure.
- Web Site Content
The SMC Web site provides a variety of information about SMC leagues and policies, all of which is provided "as is." While every effort is made to maintain complete, up-to-date, and accurate information, the user should be aware that site availability and scheduling, weather, and enrollment factors may result in changes that are not immediately reflected on the web site. SMC makes no representations or warranties of any kind with respect to the site or its contents. The official source for information about SMC is the SMC main office, and SMC programs, prices, and policies are subject to change without notice here. SMC and its employees are not liable for any damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind.
- Questions and Comments
SMC welcomes your feedback about our site.