SportsLingo.com Terms of Service

1. Acceptance of Terms

1.1  SportsLingo (referred to as “SL,” “us” or “we”), provides the SL website, SportsLingo.com (the “Site”), subject to your compliance with the following Terms of Service (“Terms”), as well as any other written agreement(s) between us and you.

1.2  We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of the Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.

1.3  As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or contents available on the Site.

1.4  The Site is intended for use by individuals 13 years of age or older. If you are under the age of 18, you may use the Site and SL’s services only with the permission of your parent or guardian and only if such parent or guardian consents to be bound by these Terms.

You may not use the Site or use SL’s services under any circumstances if you are less than 13 years old.

1.5  BY USING THE SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR SERVICES OR OFFERINGS.

2. Offerings

2.1  Offerings. SL provides a number of offerings for users of the Site, including, but not limited to, sports-related information, sports-related blogs, and information about third-party deals and offers for products and/or services (“Offerings”).

2.2  No Guarantee. Although SL works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this site.

2.3 Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, material posted by you, or personalization settings.

3. Third Party Services, Products and Promotions

3.1  Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

3.2  Offers and Promotions. From time to time, this Site may include advertisements or information about products, services, offers and promotions offered by third parties, or redirect or link to other websites on the Internet offering products or promotions. You may purchase products from or participate in promotions of these third parties. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation or responsibility for any part of any such purchase or promotion.

4. SL Intellectual Property

4.1  Content. For purposes of these Terms, “content” is defined as any information, communications, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by SL or our Affiliates.

4.2  Ownership of Content. All contents of the Site originating from SL is: © 2011-Present SportsLingo. All rights reserved. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with SL’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to SL for violation of intellectual property rights.

4.3 Trademarks. Trademarks or service marks of SL include, but are not limited to, SportsLingoTM; and the SportsLingo logo. All custom icons, logos and service names are registered trademarks, trademarks or service marks of SL or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of SL or our Affiliates.

4.4 Site Use. SL grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. Any use of the Site or the content or materials contained therein, other than as specifically authorized in the Agreement, without the prior written permission of SL, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. SL reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

4.5 No Warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

5. Your Intellectual Property

5.1 Subject to our Privacy Policy (located here), any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.

5.2  We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing SL content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).

5.3  If you believe that your copyright has been infringed by SL content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;

ii. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);

iii. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);

iv. A statement that the Rights Holder has a good faith belief that the use of the identified material is not authorized by the copyright owner, its agent, or the law;

v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

vi. The Rights Holder’s electronic signature.

Notice may be sent to us at info {a} sportslingo.com.

5.4  You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.

5.5 Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by SL and will not be returned to you.

7. Limitation of Liability & Indemnification

7.1  IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

7.2  You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site, or any content contained on the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

8. Termination of Use

8.1 Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

8.2 No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-9 of these Terms shall survive any termination.

9. Suggesting A Term & User Generated Content (UGC)

For purposes of these Terms, any content you submit to SportsLingo.com, or “Your Content”, means you have voluntarily submitted any content under your own free-will. Types of content may include, but is not limited to: text, photos, videos, music or any other materials or content that you have submitted. “We,” “us,” or “our” means BrainBoost Media LLC, SportsLingo.com, and their parent, subsidiary, or affiliate companies.  By granting us permission to use Your Content, you agree:

1. Your Content:
   -is your own original work;
   -does not contain or reference any third-party brands or trademarks;
   -does not infringe the copyright or any other rights of any third party;
   -does not contain any illegal content or material; and
   -you have the permission of all persons shown in Your Content to allow us post their image and/or likeness on our websites and social media pages described in Section 2 below.
2. You acknowledge that Your Content may be used on and may be viewable by visitors to or followers of our websites (including but not limited to SportsLingo.com) and social media pages (including but not limited to Facebook, Instagram, Twitter, and Pinterest). In addition, we may use your content in paid advertising, including on social media platforms and other websites.
3. You grant us a royal-free and fully-paid license to use, modify, and display Your Content throughout the world in any type of media now known or later devised for commercial, marketing, advertising, and public relations purposes in perpetuity.
4. You acknowledge that we might not use Your Content and have no obligation to use, post, or publish Your Content even if you give us permission to do so.
5. You agree to allow us to contact you through email, direct message, or as otherwise requested by you, regarding any request we may have related to Your Content.

10. Miscellaneous Provisions

10.1  International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.

10.2  Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in Los Angeles County, California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. Any dispute arising out of this Agreement or your use of the Site shall be decided solely and exclusively by State or Federal courts located in Los Angeles County, California. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.

10.3  Notices. All notices to SL shall be in writing and shall be sent to info {a} sportslingo.com. You agree to allow us to submit notices to you using the email address provided by you, if applicable. When transmitted by email, any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date.

10.4  No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4.4 of these Terms.

10.5  Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

10.6 Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Last Updated: January 2, 2019