YourSports Terms of Use Agreement

This Terms of Service (Statement) governs our relationship with users and others who interact with YourSports. By using or accessing YourSports, you agree to this Statement.

A to Z Sports, Inc., a Washington corporation doing business as YourSports (“YourSports” or “we”), operates the website located at http://yoursports.com (the “Site”), and provides services offered through the Site and related mobile sites or applications (collectively, the “Service”). The Service is hosted in the United States.
This Terms of Use Agreement, as may be modified from time to time (“Agreement”), constitutes legally binding terms and applies to your use of the Service. By accessing or using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Service, including, without limitation, through a mobile or other wireless device, or otherwise use the Service without being registered) or you are a “Member” (which means that you have registered with the Site). The term “User” refers to a Visitor or a Member. You are authorized to use the Service (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member or making use of the Service, you must indicate your acceptance of this Agreement during the registration process. Your use of, or participation in, certain features or services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use those services.

We reserve the right to modify this Agreement at any time, and each such modification shall be effective upon posting on the Service. All material modifications will apply prospectively only. Your continued use of the Service following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so 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 Service immediately.

  1. Eligibility. Use of the Service and registration to be a Member (“Membership”) is void where prohibited. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Service does not violate any Applicable Law.

  2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Service or are a Member. You may terminate your Membership at any time, for any reason, by contacting us. By choosing to terminate your Membership, you acknowledge and expressly agree that all of your profile content, photos, posts, status updates and other information may be irrevocably deleted. Unless otherwise agreed in writing, YourSports may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, we reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages between you and other Users), or to deny, restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.

  3. Registration and Fees. In order to access the Service, you are required to fill out the registration form by providing all required information, and choose a username and password that you can modify at any time. YourSports reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. If YourSports terminates your Membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of fees or payments (if any).

  4. Password. When you sign up to become a Member, you may also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

  5. Use by Members. The Service is for the personal use of Members and may only be used for direct commercial purposes if specifically endorsed or authorized by YourSports. We reserve the right to remove commercial content in our sole discretion. Illegal and/or unauthorized use of the Service is prohibited, including, without limitation: (a) collecting User information by electronic or other means for the purpose of sending unsolicited email; (b) unauthorized framing or mirroring of any part of the Site; (c) reproduction, resale or other commercial exploitation of any part of the Site; (d) using any script, bot, spider, scraper or other automated means to access the Site, harvest, download and/or store any Site data; or (e) removing any notice of copyright, trademark or other proprietary rights from any Site material. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Service.

  6. Public News Networks and Representatives. Recognized associations, leagues, teams universities, colleges, schools, clubs, venues and athletes may claim their respective networks on the Service (each a “Public News Network”), subject to payment of applicable fees, if any, and such verification measures as YourSports deems necessary or appropriate. Such claimants and their authorized representatives are deemed “Members” under this Agreement and may have administrative or moderator privileges with respect to the Public News Network that extend beyond features available to regular Members. Unless and until claimed by the rights holder, Public News Networks are not affiliated with, or endorsed by, their respective subjects or entities. Each Public News Network is a social news medium intended for public commentary, criticism, fandom, foedom and humor. Names, images and other attributes are used for identification only; YourSports does not make any claim to them.

  7. Proprietary Rights in Content. By posting any Content on, through or in connection with the Service, you hereby grant to YourSports a license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, share and distribute such Content on, through or in connection with the Service, including, without limitation, distributing part or all of the Service and any Content included therein, in any media formats and through any media channels. If you remove a piece of Content from the Service, we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. The license you grant to YourSports is non-exclusive, fully-paid and royalty-free, transferable, sublicensable, and worldwide. You represent and warrant that: (i) you own the Content or otherwise have the right to grant the license set forth in this Section 7, and (ii) the posting of your Content on, through or in connection with the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Service. For information and resources regarding United States copyright law, including public domain and “fair use” doctrines, see our Intellectual Property Page.

    The Service also contains proprietary or original Content of YourSports or our licensors (“YourSports Content”). YourSports Content is protected by copyright, trademark, patent, trade secret and other laws, and we and our licensors own and retain all rights in the YourSports Content and the Service. YourSports hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the YourSports Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Service.

  8. Content Posted.
 Please demonstrate common sense, use good judgment, and choose carefully the information that you post on, through or in connection with the Service and that you provide to other Users. You may not post any form of Prohibited Content, as outlined in Section 9 below. Despite this prohibition, information, materials, products or services provided by other Users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and YourSports assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact us immediately. YourSports may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in our sole judgment violates this Agreement, the Public News Network Terms or the Community Guidelines, which are incorporated herein by reference, or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Service, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on, through or in connection with the Service, and any material or information that you transmit to other Members and for your interactions with other Users.

  9. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Prohibited Content includes, but is not limited to, Content that, in our sole discretion: (a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred (with the possible exception of Foedom-inspired “sports-hatred”) or physical harm of any kind against any group or individual (including threats of physical harm of any kind); (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (e) solicits or is designed to solicit personal information from anyone under 18; (f) publicly posts information that poses or creates a privacy or security risk to any person; (g) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work; (i) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; (j) contains restricted or password-only access pages or hidden pages or images; (k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (l) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; (m) involves direct commercial activities or sales without prior written consent from YourSports such as contests, sweepstakes, barter, advertising, or pyramid schemes; (n) includes a photograph or video of another recognizable person (other than depictions of public figures and public events) that you have posted without that person’s consent; (o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or (p) violates our Community Guidelines or Public News Network Terms.

  10. Protecting Copyrights and Other Intellectual Property. YourSports respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is our policy to terminate, in appropriate circumstances, the membership of repeat infringers. To learn more, or if you believe your work has been copied and posted on or through the Service in a way that constitutes copyright infringement, we encourage you to visit our Intellectual Property page. Members, including Public News Networks and their representatives, are urged to review the information regarding “fair use” of copyrighted materials and trademarks of third parties before posting any such content to the Service.

  11. Member Disputes. You are solely responsible for your interactions with other Users, third-party Content contributors or any other parties with whom you interact through the Service. YourSports reserves the right, but has no obligation, to become involved in any way with these disputes.

  12. Privacy. Use of the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  13. Disclaimers. YourSports is not responsible for and makes no warranties, express or implied, as to the Content posted by Users. In addition, we are not responsible for any damage, injury or loss caused by Users or by any of the equipment or programming associated with or utilized in the Service. Web pages or profiles created and posted by Members on, though or in connection with the Service may contain links to other websites or services. When you access these third party sites and services, you do so at your own risk. YourSports takes no responsibility for third-party advertisements that are posted on, through or in connection with the Service or the goods or services provided by these third parties. YourSports is not responsible for the conduct, whether online or offline, of any User of the Service. We assume no responsibility for any error, omission, interruption, delay, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Under no circumstances shall YourSports be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Service, attendance at any event, from any Content posted by Users, or from the conduct of any Users, whether online or offline. The Service is provided “AS-IS” and as available and YourSports expressly disclaims any warranty of fitness for a particular purpose or non-infringement. From time to time, YourSports may offer new “beta” features or tools with which Users may experiment on the Service. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at the Company’s sole discretion. The provisions of this section apply with full force to such features or tools.

  14. Limitation on Liability. IN NO EVENT SHALL YOURSPORTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF YOURSPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID, IF ANY, BY YOU TO YOURSPORTS DURING THE PAST TWELVE (12) MONTHS.

  15. U.S. Export Controls. Software available in connection with the Service (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

  16. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and YourSports agree to submit to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California, to resolve any dispute arising out of the Agreement or the Service. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

  17. Indemnity. You agree to indemnify and hold YourSports, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, 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 your use of the Service in violation of this Agreement, arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement, or any Content that you post on, through or in connection with the Service.

  18. Other. This Agreement is accepted upon your use of the Site or any of the Service and is further affirmed by you becoming a Member. Your agreement with YourSports will always include this Agreement at a minimum. Your access and use of certain Service may require you to accept additional terms and conditions applicable to such certain Service, in addition to this Agreement. The failure of YourSports to exercise or enforce any right or provision of this Agreement shall 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. 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.

To contact us regarding any questions about this Agreement, please complete the form on the “Contact Us” page.