SportzSafe End User License Agreement (EULA), Terms of Use and Private Policy
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AND ANY SOFTWARE ACCESSED VIA SPORTZSAFE.COM
By using this SportzSafe Site (‘the “Site”), you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this Site or access any of the software and games provided through it! SportzSafe may revise and update these Terms and Conditions at any time. Your continued usage of the Site will mean you accept those changes.
Personal Data Protection Notice
This Personal Data Protection Policy notice for personal data (“Notice”) is issued to all customers, clients and guests of SportzSafe and purchasers and users of the various SportzSafe games, now or hereinafter developed, sold through this Site ( the “Games”).
We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
During your course of dealing with us, we may have, and/or will collect, use, disclose and process your personal data for purposes, including, to communicate with you, provide services to you, respond to your inquiries or complaints, provide you with information and/or updates on the Games, services and selected third parties and other purposes required to operate and maintain our business as set out in our Personal Data Protection Policy (collectively referred to as “Purposes”).
In order to conduct our business operations more smoothly, we may also be disclosing the personal data you have provided to us to our third party service providers, agents and/or our affiliates for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes.
It is necessary for us to collect and to retain your personal data. If you do not provide us with your personal data, or do not consent with this Notice or our Personal Data Protection Policy, we may not be able to effectively provide products and/or services to you, if at all.
We are committed to ensuring that your personal data is stored securely. You have the right to request for access to, to request for a copy of and to request to update or correct your personal data held by us. You have the right at any time to request us to limit the processing and use of your personal data. (for example, requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes).
Your written request should be addressed to:
SportzSafe-Att. Data Protection Office
P.O. Box 54-6692
Surfside, FL 33154
By submitting your personal data to us, you consent to us collecting, using, disclosing and processing your personal data in accordance with this Notice. We will also take it that all personal data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your personal data.
In some circumstances, you may have provided personal data relating to other individuals (such as your spouse, family members or other third party including minors). You represent and warrant that you are authorized to provide their personal data to us and you have obtained their consent to the collection, use, disclosure and processing of their Personal Data in accordance with this Notice.
We are also committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not knowingly collect online contact information from children under 13 years of age without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and/or participation in the activity.
We reserve the right to update and amend this Notice and our Personal Data Protection Policy from time to time. We will notify you of any amendments to this Personal Data Protection Notice or our Personal Data Protection Policy via announcements on our Site or other appropriate means. If we amend this Personal Data Protection Notice or our Personal Data Protection Policy, the amendment will only apply to personal data collected after we have posted the revised Personal Data Protection Notice or Personal Data Protection Policy.
Links to Third Party Websites
This Site may contain links to third party websites. These websites are managed by organizations, companies, or individuals that are not under SportzSafe’s control. Access to any other website linked to this Site is at you own risk and SportzSafe is not responsible for the accuracy or reliability of any information, information collection practices, data, opinions, advice or statements made on these websites. SportzSafe provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. Once you link to another website, you are subject to the privacy policy of the new website, and you should read that website’s policies on privacy and information collection.
Public Forums
This Site may make forums, message boards, and/or news groups available to you (hereinafter collectively referred to as “Public Areas”). Please remember that any information that is disclosed by you or others in these Public Areas is not private and becomes public information. You should exercise caution when deciding to disclose your personal information in these or other similar areas of this Site. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material, or any other material, including, but not limited to, any material that could give rise to any civil or criminal liability under both domestic and international law.
SportzSafe Cookie Policy
We use cookies to improve our service for you. Some cookies we use are essential for some services to work, others are used to collect information of the use of the Site (statistics) so that we can make the Site more convenient and useful for you. Some cookies are temporary and will disappear when you close your browser, others are persistent and will stay on your computer for some time.
Some of the cookies are strictly necessary for the functionality of the Site while others are used to enhance the performance and your user experience.
Strictly necessary cookies are used to:
• Remember what is in your shopping cart
• Remember how far you are through an order
Functional cookies are used to:
• Remember your log-in details
• Make sure you are secure when logged-in
• Make sure that the Site looks consistent
• Offer live chat support
Performance cookies are used to:
• Enhance the performance of the Site
• Enhance the user experience
Targeting cookies are used to:
• Allow you to share and like
• Send information to other websites to customize their advertisement
Examples of use:
The cookies are used to improve services for you through, for example:
• Enabling the functionality of some specific services like payment which will not work without those cookies
• Enabling a service to recognize your device so you don't have to give the same information several times during one task
• Recognizing that you may already have given a username and password when logged in so you don't need to do it for every web page requested
• Measuring how many people are using services, so they can be made easier to use and to ensure that there's enough capacity to ensure they are fast
• Analyzing data to help us understand how you use online services so we can improve them
If you choose not to use cookies during your visit, you should be aware that certain functions and pages may not work as expected.
If you want to delete any cookies already on your computer, please refer to your browser vendor’s instructions by clicking “Help” in your browser menu.
You can also find out more about cookies and how to delete and control them on www.aboutcookies.org or click “Help” in your browser menu.
The Site Does Not Provide Medical Advice
The contents of the Site, such as text, graphics, images, and other material contained on the Site (hereinafter collectively referred to as “Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the SportzSafe Site! If you think you may have a medical emergency, call 911 immediately.
SportzSafe does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by SportzSafe, its employees, and/or others appearing on the Site at the invitation of SportzSafe, or other visitors to the Site is solely at your own risk.
Intellectual Property Ownership
You acknowledge and agree that SportzSafe owns, and shall own, all right, title and interest worldwide to the SportzSafe trademarks, Content of this Site and Games. This Site, Content, and Games are protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights under both United States and foreign laws. SportzSafe shall have the sole right to register the marks and copyrights in any country and/or anywhere in the United States of America. SportzSafe’s trademarks, service marks, or registered trademarks of SportzSafe may not be copied, imitated, or used, in whole or in part, without SportzSafe’s prior written permission. Neither the Content of this Site or any of the Games may be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party websites or other networked computer environment) without the express prior written consent of SportzSafe.
Any use of SportzSafe’s trademarks, Content and/or Games not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Any rights not expressly granted herein are reserved. You may download for your personal, non-commercial use only as provided in these Terms of Use, provided that you keep intact all copyright and other proprietary notices. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from SportzSafe.
The Content, Games and/or features related thereto are subject to change or termination without notice in the editorial discretion of SportzSafe.
Limitation of Liability
The use of the Site, Content, and Games is at your own risk.
The Site, Content, and Games are provided on an "as is" basis. SPORTZSAFE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, SportzSafe, its officers, directors, agents, affiliates, employees, licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, correctness, or timeliness of the Content or Games or any software, text, graphics, links, or communications provided on or through the use of the Site or Games.
In no event shall SportzSafe, its officers, directors, affiliates, employees, agents, licensors, suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, direct, indirect, special, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site, the Content, Public Areas, Games, or any other information contained in this Site or in the Games whether based on warranty, contract, statutes, regulations, tort (including but not limited to negligence) or any other legal theory, and whether or not SportzSafe, its officers, directors, employees, agents, affiliates, licensors, suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages.
SportzSafe, its officers, directors, employees, agents, affiliates, licensors, suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, Public Areas, or Games. Any claims arising in connection with your use of the Site, any Content, the Public Areas, or Games must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
Passwords
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your SportzSafe passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
Indemnity
You agree to defend, indemnify, and hold SportzSafe, its officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
SportzSafe is based in Miami, Florida, in the United States of America. SportzSafe makes no claims that SportzSafe’s Content or Games is appropriate or may be downloaded outside of the United States. Access to the Content or Games may not be legal by certain persons or in certain countries. If you access the Site or Games from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction
You expressly agree that exclusive jurisdiction and venue for any dispute with SportzSafe, or in any way relating to your use of the Site or Games, including, but not limited to, any claim involving SportzSafe or its officers, directors, affiliates, agents, employees, licensors, contractors, telecommunication providers, and content providers reside in the courts sitting in Miami-Dade County, Florida.
These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Return and Refund Policy
SportzSafe shall not refund the purchase price for the Game except as to remedy a breach of this Agreement or of any warranty included in this Agreement as set forth herein. In any such cases, your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Game. Selection of whether to correct or replace shall be solely at the discretion of SportzSafe. SportzSafe reserves the right to substitute a functionally equivalent copy of the Game as a replacement. If SportzSafe is unable to provide a replacement or substitute Game or corrections to the Game, your sole alternate remedy shall be a refund of the purchase price for the Game.
Shipping Costs
There are no shipping or handling costs associated with the installation of the Game.
Complete Agreement
The aforementioned Terms and Conditions constitute the entire agreement between you and SportzSafe with respect to the use of the SportzSafe Site, Content, and Games.
