Terms and Conditions (the “Agreement”)
1. Description of Services and Acceptance of Terms and Conditions
- 1.1 Welcome to this Platform (“ Platform ”), which is operated by Sportsin Pte. Ltd. (“ Sportsin ” or “ we “). The services Sportsin provides on the Platform include services related to promoting, advertising and/or purchasing certain Sportsin products and services (including potentially and without limitation, music and video services, mobile services, and/or any other features, content, or applications offered from time to time by the Platform that link to the Agreement in connection therewith) (hereinafter collectively referred to as the “ Services ”). Sportsin is based in Singapore and the Services are hosted in Singapore.
- 1.2 Sportsin furnishes the Platform and the Services for your personal enjoyment and entertainment. By visiting the Platform (whether or not you are a registered member) or using the Services, you accept and agree to be bound by this Agreement, including any future modifications, and to abide by all applicable laws, rules and regulations including laws that apply under your jurisdiction or a foreign jurisdiction (“ Applicable Law ”). Please read through the Agreement carefully, Sportsin may modify this Agreement at any time, and each such modification will be effective upon posting on the Platform. All material modifications will apply prospectively only. Your continued use of the Platform or the Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately.
- 1.3 Your access to and use of certain Services may require you to accept additional terms and conditions applicable to such Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and the Agreement, such additional terms will prevail.
2. Registration and Security
2.1 If the Platform permits registration:-
- all registration information you submit to Sportsin and/or any third party
Platform in order to create an account must be accurate and kept up to date;
- it is your responsibility to notify us or such third party Platforms (if applicable) of any changes in such information, including but not limited to your contact
- you are responsible for maintaining the confidentiality of your password and
are responsible for all use of your account and it is therefore critical that you do
not share your password with anyone;
- you agree not to use the account, username, email address or password of
another user at any time and not to allow any other person to use your account;
- your account is not transferable;
- you agree to notify Sportsin immediately if you suspect any unauthorized use
of, or access to, your account or password; and
g. Sportsin reserves the right to change any user name or URL related to any Sportsin sites at any time for any or no reason without prior notice.
3.1 Unless terminated by Sportsin in its sole discretion, this Agreement remains in full force and effect while you use the Services. You may terminate your account, if any, on the Platform at any time, for any reason, by contacting us with your request via [firstname.lastname@example.org] . Sportsin may terminate your account and/or access to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your user account or access to the Services is terminated by you or by Sportsin, this Agreement will remain in effect with respect to your past and future use of the Platform or the Services. Any rights to your account terminate upon your death.
4. Purchasing Services or Products
- 4.2 Sportsin makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Platform Product with the Processor. Sportsin provides no refunds (except as expressly required by Applicable Law and makes no warranty for, and accepts no liability regarding purchases you make on the Platform. Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude, or modify any statutory consumer rights under any Applicable Law. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Sportsin will in no way be responsible or liable to you for any such breach.
- 4.3 Sportsin will not store any record of Personal Financial Information related to purchases or other transactions you make through the Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
5. Limited Content License
- 5.1 The Services are offered for your personal use only and may not be used for commercial purposes. The Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, Sportsin names, trade names, logos, designs, and any other materials or content (collectively, “ Content ”) of Sportsin, its licensors, or assignors (“ Sportsin Content ”), as well as Content provided by users or other third parties. Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Sportsin, Sportsin, its licensors, or its assignors, own and retain all rights in the Sportsin Content. Sportsin hereby grants you a limited, revocable, non sublicensable license to access and display or perform the Sportsin Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Services. Except as provided in this Agreement or as explicitly allowed on the Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services.
- 5.2 Except as explicitly and expressly permitted by the Sportsin or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Sportsin Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Sportsin Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Sportsin Services including geo-filtering mechanisms. Except as necessary in order to make reference to the Sportsin, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Sportsin Content in any manner.
6. Restrictions on Use of Services
- 6.1 You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on the Platform or on, through or in connection with the Sportsin Services (collectively, “ User Content “). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
- 6.2 You agree not to use the Services to:
a. Post, upload or otherwise transmit or link to Content that is: unlawful;
threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or
any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Platform or the Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Sportsin Services, including Sportsin’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Services;
- Delete or revise any information provided by or pertaining to any other user of the Services;
- Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If you do so, you acknowledge you will have caused substantial harm to Sportsin, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Sportsin Singapore Dollars [20,000] (SGD [20,000] ) for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
Post, upload or otherwise transmit an image or video of another person without
that person’s consent;
- Engage in commercial activity (including but not limited to advertisements or
solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Sportsin Content; or building a business using the Sportsin Content) without Sportsin’s prior written consent;
- Use the Services to advertise or promote competing services;
- Use the Services in a manner inconsistent with any and all Applicable Law; or
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the
- 6.3 Sportsin reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Sportsin, or for any other reason, in Sportsin’s sole discretion and without notice to you. You acknowledge that Sportsin reserves the right to investigate and take appropriate legal action against anyone who, in Sportsin’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
- 6.4 You acknowledge, consent and agree that Sportsin may access, preserve or disclose information you provide to the Platform, including User Content and your account
registration information, including when Sportsin has a good faith belief that such access, preservation or disclosure is necessary in order to:-
- protect, enforce, or defend the legal rights, privacy, safety, or property of Sportsin, our parents, subsidiaries or affiliates (“ Sportsin Affiliates “), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements);
- protect the safety, privacy, and security of users of the Sportsin Services or members of the public including in urgent circumstances;
- protect against fraud or for risk management purposes;
- comply with the law or legal process; or
- respond to requests from public and government authorities.
- 6.5 If Sportsin sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Sportsin may transfer your information to the party or parties involved in the transaction as part of that transaction.
- 6.6 Sportsin reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Sportsin assumes no responsibility for any loss of your User Content due to its being removed by Sportsin or for any other reason.
7. Your Proprietary Rights in and License to Your User Content
- 7.1 Sportsin does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “ Transmit ”) on, through or in connection with the Services, except with respect to your unsolicited submissions, as described under Clause 21 below; provided, however, that User Content shall not include any Sportsin Content or content owned by a Sportsin Affiliate. By posting or transmitting any User Content on, through or in connection with the Services, you hereby grant to Sportsin and our Sportsin Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Sportsin is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Services. Sportsin‘s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Sportsin as your agent with full authority to execute any document or take any action Sportsin may consider appropriate in order to confirm the rights granted by you to Sportsin in this Agreement.
- 7.2 You represent and warrant that:-
- you own the User Content Transmitted by you on, through or in connection with the Sportsin Services, or otherwise have the right to grant the license set forth in this Section; and
- the Transmission of User Content by you on, through or in connection with the Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
- 7.3 You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Services or Third Party Services.
- 7.4 If you delete your User Content from the Platform, Sportsin’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Sportsin’s back-up copies of the Platform, which are not publicly available. Furthermore, to the extent that Sportsin made use of your User Content before you deleted it, Sportsin will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that:-
- deletion of your User Content from the Platform will not result in, and Sportsin assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Platform; and
- termination of your account or your use of the Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
8. Removal of Material that Infringes Copyrights
8.1 Sportsin respects the intellectual property of others and requires that our users do the same. Sportsin has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Services who are repeat infringers. Sportsin also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of any country upon receipt of a notice or other relevant communication from the appropriate person or authority.
9. If you believe material on Services infringes your copyright
9.1 If you believe that any material residing on or linked to from Sportsin Services infringes your copyright, you must send us a written notification of claimed infringement that contains substantially all of the following information:-
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sportsin Services (such as the URL(s) of the claimed infringing material);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email 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;
- a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
- your physical or electronic signature.
10. If you posted material to Services that was removed due to notice by a copyright
10.1 If you posted material to Services that Sportsin removed due to a notice of claimed infringement from a copyright owner, Sportsin will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Platform or by written or electronic communication to such address(es) you have provided to Sportsin, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following:-
- 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 by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, telephone number, and a statement that you consent to the jurisdiction of the courts of Singapore, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and
- your physical or electronic signature.
11. Your Exposure to Others’ User Content
11.1 You understand that Sportsin does not control the User Content posted by users via the Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Sportsin assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Services, including in violation of any “Restrictions on Use of Services,” please report it immediately to Sportsin via [ email@example.com] with the subject line “Violation of Restrictions on Use of Services.” Sportsin assumes no responsibility for monitoring the Sportsin Services for inappropriate User Content or user conduct. If at any time, Sportsin chooses in its sole discretion to monitor the Sportsin Services, Sportsin nonetheless assumes no responsibility for Content other than Sportsin Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
12. Third Party Links and Services
such Third Party Service. Sportsin encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Sportsin is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Sportsin Services does not imply approval or endorsement of the Third Party Service. Sportsin is not responsible for the content or practices of any Platforms other than the Platform, even if the Platform links to the Platform and even if it is operated by a Sportsin Affiliate or a Sportsin otherwise connected with the Platform. By using the Sportsin Services, you acknowledge and agree that Sportsin is not responsible or liable to you for any content or other materials hosted and served from any Platform other than the Platform. When you access Third Party Services, you do so at your own risk.
13. Member Disputes
13.1 You are solely responsible for your interactions with other users of the Platform and the Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Services. Sportsin reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
14. Privacy And Data Protection Policy
14.1 Use of the Services is also governed by our Privacy And Data Protection Policy,
which is incorporated into and is a part of this Agreement by this reference. 15. Disclaimers
15.1 The services are provided “as – is” and “as available” and Sportsin does not guarantee or promise any specific results from use of or continuous availability of the specific results from use of or continuous availability of the Sportsin results from use of or continuous availability of the Services. To the fullest extent permitted by applicable law, Sportsin expressly disclaims any warranties and conditions of any kind, whether expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied for a course of performance of course of dealing. Nothing in this Agreement restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law. Without limiting the generality of the foregoing, Sportsin makes no warranty that your use of the Services will be uninterrupted, timely, secure or error-free, that defects to the Services will be corrected, that the Services or the Servers on which they are available will be free of viruses or other harmful components, or that any information obtained by you on, through or in connection with the Services or third party services (including, but not limited to, through user content or third party advertisements) will be accurate, reliable, timely or complete. To the fullest extent permitted by applicable law, Sportsin excludes all
liability for any loss or damages (including but not limited to loss of data, property damage, personal injury or death) resulting from use of the Services, problems or technical malfunction in connection with use of the Services, attendance at a Sportsin event, any material downloaded or otherwise obtained in connection with the services, any user content, any third party advertisement or third party service transmitted on, through or in connection with the Services, or the conduct of any users of the Services, whether online or offline. Your use of User Content, third party advertisements, third party services and the goods or services provided any third parties is solely your responsibility and at your own risk you acknowledge and agree that your use of the Services, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume responsibility for the entire cost of any maintenance, repair of correction to your computer system or other property or recovery or reconstruction of lost data necessitated by your use of the Services.
16. Limitation on Liability
16.1 In no event will Sportsin be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of or inability to use the Services. In jurisdictions that do not allow for the exclusion or limitation of such damages, Sportsin’s liability in such jurisdictions shall be limited to the extent permitted by law. Notwithstanding anything to the contrary contained herein, Sportsin’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 Sportsin for the Services during the term of your use of the Services, or where required by applicable law, Sportsin’s liability is limited to the replacement, repair, or refund of the costs of products or the resupply or refund of the cost of the Services. You acknowledge and agree that any damages you incur arising out of Sportsin’s acts or omissions or your use of the platform or the Services are not irreparable and are insufficient to entitle you to an injunction or other equitable relief restricting the availability of or any person’s ability to access any portion of the platform of the Services. The limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Sportsin has been advised of the possibility of any such damages.
- 17.1 Sportsin provides the Sportsin Services in Singapore. Sportsin does not represent that the Sportsin Content or the Sportsin Services are appropriate (or, in some cases, available) for use in other locations. If you use the Platform or the Services from a jurisdiction other than Singapore, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Platform or the Services.
- 17.2 Not all of the Platform Products are available worldwide or nationwide, and Sportsin makes no representation that you will be able to obtain any Platform Product in any particular jurisdiction, either within or outside of Singapore.
18. Arbitration Agreement
- 18.1 Sportsin, including its Sportsin Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and Sportsin may have against the other that arise out of or relate to the Sportsin Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “ Arbitration Agreement ”) and the scope or applicability of this Arbitration Agreement (collectively, “ Disputes ”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Sportsin agrees to give up the right to sue in court. Each of you and Sportsin also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Sportsin (see Clause 18.7 below). The only exceptions to this Arbitration Agreement are that:-
- each of you and Sportsin retains the right to sue in small claims court; and
- each of you and Sportsin may bring suit in court against the other to enjoin
infringement or other misuse of intellectual property rights.
- 18.2 This Arbitration Agreement shall survive termination of this Agreement.
- 18.3 Any arbitration between you and Sportsin will be conducted by the Singapore International Arbitration Centre (“ SIAC ”) and will be governed by the SIAC’s Arbitration Rules then in force (“SIAC Rules”), as modified by this Arbitration Agreement. The SIAC Rules are available online at http://siac.org.sg, or by calling the SIAC at +65 6221 8833.. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the SIAC shall appoint an arbitrator. The arbitrator is bound by the terms of this Agreement.
- 18.4 If either you or Sportsin wants to arbitrate a claim, you or Sportsin must first send by mail to the other a written Notice of Dispute (“ Notice “) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Sportsin Service to which the Notice relates, and the relief requested. Your Notice to the Sportsin must be sent by mail to Arbitration Notice of Dispute, 101 Cecil Street #09-07 Tong Eng Building Singapore 069533. Sportsin will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
- 18.5 If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the rules and procedures provided for by the SIAC. A form for initiating formal arbitration may be found on the SIAC’s Platform at http://siac.org.sg (“ Arbitration Form “). In addition to filing this Arbitration Form with SIAC in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to Sportsin at the address listed above to which you sent your Notice of Dispute.
- 18.6 Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
- 18.7 The arbitrator may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order Sportsin to pay any monies to or take any actions with respect to persons other than you, unless Sportsin explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU and Sportsin agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, representative or multi-claimant proceeding. Further, unless Sportsin agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Sportsin must be pursued, will remain in effect.
18.8 You and Sportsin agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
19. Governing Law
- 19.1 The Agreement will be governed by, and construed in accordance with, the laws of
Singapore, without regard to its conflict of law provisions.
- 19.2 Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Sportsin agree to submit to the exclusive jurisdiction of the courts located in Singapore to resolve any Dispute arising out of the Agreement or the Services. You agree that any cause of action you may have arising out of or related to this Agreement, this Platform or the Services must be commenced within one (1) year after such cause of action accrues. After such period, such cause of action shall be permanently barred.
19.1 You agree to indemnify and hold Sportsin, its Sportsin Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of the Platform or the Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any Content that you Transmit through the Services.
21. Unsolicited Submissions
21.1 Sportsin does not knowingly accept, via the Services or otherwise, unsolicited
submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Sportsin requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Sportsin or Affiliated Sportsin creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Sportsin via the Services that are unsolicited (including but not limited to any Forum), however, you agree that:-
- your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Sportsin;
- any such unsolicited submissions and copyright become the property of and will be owned by Sportsin (and are not User Content licensed by you to Sportsin under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Sportsin sees fit;
- you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and
- by sending an unsolicited submission you waive the right to make any claim against Sportsin or Sportsin Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
22. Employment Opportunities
22.1 Sportsin may, from time to time, post Sportsin employment opportunities on the Sportsin Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Sportsin in response to employment listings, you are authorizing Sportsin to utilize this information for all lawful and legitimate hiring and employment purposes. Sportsin also reserves the right, at its sole discretion, to forward the information you submit to its Sportsin Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Services will constitute a promise by Sportsin to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that Sportsin will review any or all of the information submitted to it by users of the Services.
- 23.1 If any provision of this Agreement is determined to be invalid or unenforceable, it shall be deemed amended to conform to applicable laws or if it cannot be amended, it shall be stricken from this Agreement and the remainder of this Agreement will nevertheless be deemed valid and binding.
- 23.2 The failure of Sportsin to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. You agree that any
notices the Sportsin may be required by Applicable Law to send to you will be effective upon Sportsin’s sending an e-mail message to the e-mail address you have on file with Sportsin or publishing such notices on the informational page(s) of the Platform.
- 23.3 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sportsin as a result of this Agreement or your use of the Sportsin Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
- 23.4 Nothing contained in this Agreement limits Sportsin’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us in connection with such use.
- 23.5 Sportsin reserves the right to supplement, vary or amend the Agreement from time to time without further notice. Changes to the Agreement will be posted on this page, and the “Last Updated” date at the top of this Policy will be revised. It is your responsibility to review the Agreement upon each access or use to ensure you are aware of any changes made by Sportsin. Your continued access or used of the Platform after changes are posted constitutes your agreement to be legally bound by the Agreement as updated and/or amended and for such revised Agreement to apply to all current and past usage by you of the Platform. If you do not agree to any of the changes, Sportsin are not obliged to continue providing you with any Service, and you must stop using the Platform and the Services.
- 23.6 Please contact us via [firstname.lastname@example.org] with any questions regarding this Agreement.