Sports Gaming Ltd operates the Site from its offices in London, in the United Kingdom. We make no representation that the Site is appropriate or available in other locations. Accordingly, those persons accessing the Site from other locations do so on their own initiative and are responsible for compliance with any applicable local laws. Software made available from this Site (including without limitation game downloads) is subject to United Kingdom export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into any country to which the United Kingdom has embargoed goods; or (b) to anyone on the U.K. Treasury Department's list of Specially Designated Nationals or the U.K. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any of these countries.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between yourself and Sports Gaming Ltd. Further to this, your use of the Site constitutes acknowledgement that you understand and agree to the terms of this Agreement including any additional terms that govern certain products and services, which will be presented with those products and services ("Additional Terms"), including the Sportive.com User Submission Agreement governing your submission of "User Material" and the Virtual Currency Purchasing Agreement governing any purchases on the Site. The Site may also provide participation rules ("Rules") for certain services including, but not limited to, contests, award programs, subscription services and e-commerce services. The term "Site" includes all websites and web pages within Sportive.com as well as any associated equivalent, mirror, replacement, substitute or backup sites and web pages. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" and "Services."
The words "use" and/or "using" in this Agreement mean at any point in time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from, transmit, receive or exchange data or communicate with, the Site. Or otherwise in any way uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Site, for any purpose. This Agreement does not cover your rights or responsibilities with respect to third party content. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
1. Registration And Use Of Password
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT AND INSTRUCTIONS TRANSMITTED OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You, the user, agree that you alone are responsible and liable for any and all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully with the full awareness that any failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
3. Ownership Of Intellectual Property
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, items, graphic material, databases, Applications, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel'/arrangement of items, and all trademarks, service marks and trade names (both individually and/or collectively, "Material"), are the property of Sports Gaming Ltd and its Affiliates, and also any of their successors and assigns and any of their respective licensors, Advertisers (as defined below), suppliers, and service providers whom are legally protected, without limitation, under U.K. State, as well as certain applicable foreign laws, regulations and treaties. On notice, we will act quickly and with the highest importance to remove content on the Site that infringes the copyrights of others and will disable all access to the Site for anyone who continues to infringe on the intellectual property rights of others. We take protection of copyrights, both our own and others extremely seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur through the fastest and most effective method possible. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy
From time to time, during your use of the Site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or/and use the services of or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is between you and the said Advertisers and we shall not be responsible or liable to you in any way in connection with these activities and/or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any of these Advertisers).
5. Agreement To Deal Electronically
All transactions made with or through the Sportive.com Site or with Sports Gaming Ltd may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters part of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
6. Rules Of Conduct
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any way that is, tries to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate or immitate anyone else;
- affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing";
- unless approved by us, be used for commercial purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- disrupt the normal flow of Communities (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in Communities;
- contact anyone who has asked not to be contacted; or otherwise harass anyone;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United Kingdom), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is contradictory with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your own use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
If you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in our sole and absolute discretion, and we reserve the right to disable embedded links at any time without notice to any users.
Any violation of these above terms and conditions will leave users liable to having their accounts terminated. The above bullet pointed statements are taken very seriously by the site and violation of these points will not be tolerated.
7. Limited Non-commercial License To Use Site
Sports Gaming Ltd hereby grants you a limited license to use the Site only for the purposes of accessing, viewing or playing content, posting or submitting User Material (as defined in the Sportive.com User Submission Agreement ), using the embedded link function, placing product orders or for accessing information, Applications (as defined herein) and services solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes whatsoever. You must not change, delete or conceal any copyright or other notices contained on the Site, including notices on any service or material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party to reproduce, change, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material on this site without the express prior written consent of Sports Gaming Ltd. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
Sports Gaming Ltd reserves the right to suspend or deny, in its sole discretion, your use of all or any portion of the Site as described in Section 14. Any rights not expressly granted to you herein are reserved to Sports Gaming Ltd. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from Sports Gaming Ltd, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any other information or content onto, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.
8. Limited Non-commercial License To Use Applications
Sports Gaming Ltd may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Site to your computer, multi-player games and software. Without limiting your obligations and restrictions described in Section 7 above, your limited license to use the Applications is subject to the following conditions:
- The Applications that are made available to you are the copyrighted work of Sports Gaming Ltd and/or its Affiliates and/or its suppliers.Only this Agreement shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to this Agreement. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that Sports Gaming Ltd shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
- Unless expressly stated otherwise, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute any Application or electronically transfer any Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.K. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by Sports Gaming Ltd are reserved to Sports Gaming Ltd.
- Sports Gaming Ltd may cease support of any Application at any time in its sole discretion or terminate your use of or access to any Application, as further described in below Section 15.
- Applications you use or download from the Site may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and use security features (e.g., preventing distribution of access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that Sports Gaming Ltd shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with any such third parties. The Applications may also contain DRMS produced by Sports Gaming Ltd which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications. More specifically, the DRMS for subscription services and Applications licensed in or from the Site may send out the following pieces of information when you either enter a purchase key or sign in with your subscription service user name and password: Operating System, CPU Version Information (including serial number from a serial-number-enabled Pentium III), BIOS Version Information, NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size / Geometry, S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Size of Physical Memory.
9. Wireless Marketing Services And Promotional Opportunities
Under no circumstances whatsoever will Sports Gaming Ltd, its Parent Companies or any Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
You understand, acknowledge and agree that we may, at our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without any advance notice. We may provide notice of such terminations or changes on this Site.
10. User Communication Features And Postings
Your comments, suggestions and information are very important to us. Portions of this Site may provide you with an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you the opportunity, through such Communities to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Material. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which the Postings originated. This means that you are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available through and onto the Site. Postings do not reflect the views of the Site, Sports Gaming Ltd, the Parent Companies or the Affiliates. We reserve the right to monitor, edit or screen all Postings made to the site. If we determine, at our sole discretion, that any Posting does or may in any way violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse and prevent you from Posting; (b) remove and delete Postings; (c) remove your right to use the Site; (d) disclose any information that we deem necessary to ensure that you comply with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or any other means available to us to enforce the provisions of this Agreement, including, blocking specific IP addresses or terminating your registration on the Site.
If a Posting originates from you and/or your account, you hereby agree that: (a) you specifically authorize Sports Gaming Ltd and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of any other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use, (ii) the Posting does and will not, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, and does not contain any matter the publication or sale of which will violate any state statute or regulation, (iv) the Posting is not obscene or in any manner unlawful, (v) the Posting shall not be injurious to the health of any other user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, Sports Gaming Ltdand their Affiliates the right to use all Postings as described above for any purposes they feel necessary or useful, (ii) the Posting was produced in compliance with all applicable laws and regulations.
You must understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Postings may not be processed due to space constraints or outbound message limitations. You must understand, acknowledge and agree that we assume no responsibility for removal of Postings or failure to store, receive or deliver Postings or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, User Material) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
11. Contests, Sweepstakes, Auctions And Promotions
Sports Gaming Ltd, the Affiliates or the Site's operational service providers, suppliers, and Advertisers, may also conduct promotions on or via the Site, including, without limitation, auctionsand contests ("Promotions") which may be subject to Additional Terms and/or Rules.
12. Hyperlinks to Third Party Sites
13. Ads and Malware
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control. However, do contact us with any glitches which we will, within reason, attempt to fix at our end.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware can include computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and also on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could help prevent future installations of Malware.
- Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
- Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.
- Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
- Install Microsoft Defender (for Windows computers).
Please note that we cannot and are not responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover Malware on your system, we also suggest you contact and speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us feedback(at)sportive.com
14. Deactivation/termination of your Registration Or Use
If you are registered to use the Site, you may also deactivate your account on the Site, at any time and for any reason, by contacting us via the email address feedback(at)sportive.com. Your account shall be terminated on receipt of any such email demonstrating an intention to close your account with Sportive.com. We may also terminate your use of and registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
15. Disclaimer and Limitations of Liability
This site, as well as all materials, products and postings are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the site will be available for use, or that all products, features, functions, materials or operations will be available or perform as described. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising from your use of the Site. You must understand, acknowledge and agree that you assume the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including Postings and Materials associated with your use of the Site.
Apart from things specifically set forth in this agreement, we expressly disclaim all liability arising from or relating to in any way to all products and materials. Except as specifically made out in writing, we disclaim all representations and warranties of any and every kind, express or implied, with respect to any and all products and materials, including, but not limited to, any warranty of merchantability or of fitness for a particular purpose.
You understand and agree that, to the fullest extent permissible by law, this site, Sports Gaming Ltd, any of their affiliates, or their respective successors and assigns, or any of their respective officers, directors, employees, agents, representatives, licensors, operational service providers, advertisers, or suppliers, will not be liable for any loss or damage of any kind in connection with or arising from use of the site or from this agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
You agree that your sole remedy for any breach of these terms by Sports Gaming Ltd, its parent companies or any of their affiliates or agents shall be, at Sports Gaming Ltd's option, (1) substitution or replacement of all or part of the application or product that gives rise to damages incurred by you in reasonable reliance on Sports Gaming Ltd; or (2) refund of the amount that you paid to Sports Gaming Ltd. You agree that the damage exclusions in these terms shall apply even if any remedy fails of its essential purpose.
16. Assumption of Risks and Mature Content
You assume all risks that the site content, user materials, applications, and all other related information are suitable and/or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any applications downloaded or otherwise obtained through the site are done so at your own discretion and risk, determining that you are solely responsible for any damage to your computer or loss of data. By participating in multi-player games or visiting our chat rooms you may be exposed to rude, crude, indecent, or otherwise offensive language or references. You agree that Sports Gaming Ltd or any of their affiliates or agents will not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the site.
You agree to indemnify, defend and hold the Site, Sports Gaming Ltd, the Parent Companies and any of their Affiliates, or any of their successors and assigns as well as any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
19. International Usage
This Site is controlled and operated by Sports Gaming Ltd from its offices in London, United Kingdom. Sports Gaming Ltd makes no representation that the Site, Applications, or related information offered by Sports Gaming Ltd are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible to and must comply with local laws, if and to the extent local laws are applicable.
20. Law That Applies to this Agreement; Miscellaneous Terms
This Agreement and your personal and implied use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the United Kingdom applicable to contracts made, executed and wholly performed in the United Kingdom, and, for the purposes of any and all legal or equitable actions, you explicitly agree and submit to the exclusive jurisdiction of the State Courts situated in the United Kingdom and agree you will not object to such jurisdiction on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to Sports Gaming Ltd by postal mail to: Sports Gaming Ltd, 16 Rugby Street, Holborn, London, WC1N 3QZ or as to a successor address that Sports Gaming Ltd makes available on the Site or through other reasonable manner.
These Terms and Conditions were last modified June 2014 and are effective immediately.