Choice: PROFILE SPORTS LLC allows you to enjoy most content and features on PROFILE SPORTS LLC Web Sites without directly providing any contact information.
- If you choose to share contact information with us, PROFILE SPORTS LLC will identify any options you have for controlling the use of this information at the time it is collected.
- If you choose to share contact information with us, PROFILE SPORTS LLC will not sell your personal information to anyone.
- You are also given the opportunity to opt out of commercial email or text messages from a particular PROFILE SPORTS LLC Web Site or service by following the instructions contained in any such message.
- You have choices about the collection and use of your data by third parties to deliver relevant advertising, as described in our overview of third-party online advertising.
Access: PROFILE SPORTS LLC allows you to update or disable the contact information you have provided through our Web Sites.
Security: PROFILE SPORTS LLC has adopted commercially reasonable information security policies and practices to help protect your information.
Accountability: PROFILE SPORTS LLC responds to user inquiries, participates in industry programs, and has adopted privacy practices that are consistent with applicable country, state, and local data protection laws.
2. Information Collected
Information you provide directly to PROFILE SPORTS LLC Web Sites. You are not required to provide information about yourself when you visit a PROFILE SPORTS LLC Web Site. PROFILE SPORTS LLC Web Sites may ask you for different types of information when you register for certain services, access various content or features, or directly contact the Web Site including:
• Contact information, such as name, email address, postal address, phone number, facsimile number, and mobile number;
• User name, password, and password reminder questions and answers;
• Age and date of birth;
• Other demographic information, such as gender, job information, and zip code;
• Information for a public profile, such as your interests and the address of your web site;
• Communications preferences, such as which newsletters you would like to receive;
• Search queries;
• In limited circumstances, payment and identity verification information, such as credit card number, social security number or comparable national identifiers, and driver's license number where needed for payment, to complete a particular transaction, or to access a particular service (e.g., contests or paid subscriptions);
• Contact information about others when you provide information about others or refer a friend to a particular site or service (note: such information is used solely to facilitate the communications requested);
• Information posted in community discussions and other interactive online features;
• Correspondence you send to us; and
• Information collected about you offline (including via facsimile, mail, or in person).
Information we collect automatically on PROFILE SPORTS LLC Websites. PROFILE SPORTS LLC Web Sites may collect certain information automatically, including:
• Your browser type and operating system;
• Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;
• Sites you visited before and after visiting a PROFILE SPORTS LLC Web Site;
• Web pages and advertisements you view and links you click on within PROFILE SPORTS LLC Web Sites;
• Unique identifiers, including mobile device identification numbers that can identify the physical location of such devices in accordance with applicable law;
• Information collected through cookies, web beacons, and other technologies;
• Information about your interactions with audio and video content, such as the type of content listened to and viewed, and information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded;
• Upon request, your bandwidth speed and information about the software programs installed on your computer including registry key information; and
• Standard server log information.
Information we obtain from other sources. Where permitted by applicable law, we may collect information about you from other sources, including through interactive applications (such as mobile devices, third-party services, and embedded audio and video players), from co-branded partners and sites (for example, on our pages on Facebook), and from commercially available sources (such as data aggregators and public databases). The following are examples of information we may collect from other sources:
• Name, postal address, and telephone number;
• Demographic data, such as age, gender, and income level;
• If you access third-party services (such as Facebook, Google or Twitter) through a PROFILE SPORTS LLC Web Site, or if you access a PROFILE SPORTS LLC Web Site via a third-party service, your username and password for those services and other information available about or collected from you on those services, as described in our overview of Video Services and Social Networking Policy
• Your interests and purchase behavior;
• Publicly-observed data, such as activities on blogs, videos, and other online postings; and
• Other navigation data, such as web sites visited and advertisements viewed or clicked on.
Combining Information. Please note that all of the information we collect about you may be combined, including to help us tailor our communications to you and to develop rich online content and services across the PROFILE SPORTS LLC Web Sites.
3. Use of Information
We only use payment and identity verification information, such as credit card numbers, driver's license numbers, social security numbers, or comparable national identifiers as necessary for completing a particular transaction or fulfilling a service (e.g., paid subscriptions or awarding prizes to contest winners) or as otherwise required by law.
We generally use other information we collect about you to:
• Fulfill your requests for products, services, and information, including to send you electronic newsletters, authorize a purchase, and complete a transaction that you have requested;
• Enable you to participate in features such as surveys, polls, and message boards;
• Provide you with electronic newsletters, information, special offers and promotional materials on behalf of PROFILE SPORTS LLC Web Sites, companies within our corporate family, and third parties, in accordance with applicable law;
• Analyze the use of PROFILE SPORTS LLC Web Sites and information about visitors to our Web Sites to understand and improve our service offerings.
• Customize the content you see when you visit a PROFILE SPORTS LLC Web Site;
• Develop and provide advertising tailored to your interests, as described in our overview of PROFILE SPORTS LLC online advertising;
• For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
4. Disclosure of Information
PROFILE SPORTS LLC is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you.
• PROFILE SPORTS LLC Web Sites and other PROFILE SPORTS LLC businesses. The PROFILE SPORTS LLC family continues to grow to include innovative PROFILE SPORTS LLC Web Sites that offer rich and deep interactive experiences. Where permitted by law, we may share information we collect about you within the family of PROFILE SPORTS LLC Web Sites and other PROFILE SPORTS LLC-affiliated companies, so we can provide you with information about products and services that might interest you.
• Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a PROFILE SPORTS LLC Web Site, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
• Legal requirements. We may disclose information about our users, including contact information, to respond to subpoenas, court orders, legal process, and other law enforcement measures, and to comply with other legal obligations.
5. Your Choices
You can choose to enjoy content and features on PROFILE SPORTS LLC Web Sites without directly providing us with any information about you; however, as described above, some information may automatically be collected or may be requested so you can take advantage of certain features and services offered on PROFILE SPORTS LLC Web Sites.
You can opt out of receiving commercial email or text messages from a particular PROFILE SPORTS LLC Web Site or service by following the instructions contained in any such message. Please note that even if you unsubscribe to commercial messages, we still may need to send you communications relating to your use of the PROFILE SPORTS LLC Web Sites, such as service announcements.
You have choices about the collection and use of your information by third parties to display relevant advertisements, as described in our overview of Third Party Online Advertising.
You also have choices about whether cookies and other similar technologies are placed on your computer or mobile device; for more information, visit our overview on cookies, web beacons and other technologies (including Do Not Track).
You also may choose to opt out of our use of data that we collect about your visits to our business partners’ sites to customize advertising that we serve. To opt out, visit the PROFILE SPORTS LLC Business Partner Advertising Opt-Out page.
If you choose to share contact information with us, you may have the opportunity to update that information on a PROFILE SPORTS LLC Web Site. You also may update or amend your information by contacting us. If you ask us to shut down your account or delete your information, we will disable your account within a reasonable period of time. Please note that we may need to retain some information about you in order to satisfy our legal and security obligations. For example, some of your information may remain in back-up storage even if you ask us to delete it. In some cases, you may be entitled under local laws to access or object to the processing of information that we hold relating to you.
7. Protection of Information
We are committed to protecting your information. We have adopted commercially reasonable technical, administrative, and physical procedures to help protect your information from loss, misuse, unauthorized access, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using PROFILE SPORTS LLC Web Sites but we cannot ensure or warrant the security of any information you transmit to us. Please refer to the U.S. Federal Trade Commission's web site for information on how to protect yourself from identity theft.
8. Transfer of Data Internationally
PROFILE SPORTS LLC is headquartered in the United States and may have affiliate offices and partners in other countries. Please be aware that information you provide to us or we obtain as a result of your use of the PROFILE SPORTS LLC Web Sites may be collected in your country and subsequently transferred to the United States or another country in accordance with applicable law. The privacy and data protection laws in another country may not be equivalent to such laws in your country of residence. By using and participating in any PROFILE SPORTS LLC Web Site or providing us with your information, you consent to the collection, international transfer, storage, and processing of your information.
9. Visitors from Outside the United States
For additional information about PROFILE SPORTS LLC's privacy practices, as well as our affiliate offices and partners in some of the other countries where we may operate, please contact us at email@example.com.
10. California Visitors
If you are a California resident and want a list of all third parties to which a PROFILE SPORTS LLC Web Site has disclosed certain information, please contact us. For all requests, you must put the statement "Your California Privacy Rights" in the body of your request and include the name of the PROFILE SPORTS LLC Web Site with respect to which you are requesting the information, as well as your name, street address, city, state, and zip code. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
11. Privacy Protections for Children
12. User-Generated Content
13. Third Party Sites
ProFile Sports LLC P.O. Box 73481 Phoenix, AZ 85050
Effective Date October 16, 2014
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
Certain Services are provided to you free-of-charge, while other Services, including PROFILE SPORTS LLC Premium (“Premium”), require payment before you can access them. If you choose to subscribe to Premium, please review the provisions of Section 8, in addition to all of the other provisions of these Terms. If you are not a subscriber of Premium, then Section 8 does not apply to you. References to Services throughout these Terms include Premium.
Additional terms may apply to your use of certain Services. We will provide these terms to you or post them on the Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
3. Registration and Access Controls
If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age. In no case are persons under the age of thirteen permitted to use the Services.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
4. Intellectual Property; License
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and PROFILE SPORTS LLC. PROFILE SPORTS LLC will retain all right, title, and interest in and to the Services and the Content unless other licensing agreements pertain. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the PROFILE SPORTS LLC video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view Content without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
a. Viral Distribution
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. When expressly authorized by us in writing, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.
Some Services may include “Mash-Up Tools” that allow you to manipulate Content or combine User Submissions (as defined in Section 6) with Content to create “Mash-Ups.” The following terms apply to your use of Mash-Up Tools, except as specifically provided in other terms accompanying the Mash-Up Tools:
• You may only use designated Content with the Mash-Up Tools, and we may revoke permission to use the designated Content at any time.
• You may manipulate or combine the designated Content using the Mash-Up Tools only as authorized and only for personal, non-commercial purposes.
• As between you and us, we own all compilation rights in the Mash-Ups and may make perpetual and unrestricted use of the Mash-Ups, and you will only retain whatever prior rights you had in your User Submissions.<
• With our permission, other users of the Services may make subsequent Mash-Ups using your Mash-Ups.
• You must include any required or existing trademark, copyright or other legal notices in the Mash-Ups and you must comply with any other usage or attribution guidelines we provide.
• If we expressly allow you to do so, you may distribute Mash-Ups under the Viral Distribution guidelines above in Section 4(a) of these Terms.
b. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
5. Legal Complaints
PROFILE SPORTS LLC respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints (links to other legal claims section)
6. User Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to PROFILE SPORTS LLC and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:
• The User Submission may still exist in our backup copies, which are not publicly available.
• If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
• We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times. We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.
You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to PROFILE SPORTS LLC the license above and that your User Submissions do not violate Section 11.
7. Third-Party Content
8. Premium Subscriptions and Billing
This Section 8 contains additional provisions that apply if you subscribe to Premium.
8.1 Premium Account InformationYou can access and edit specific details regarding your subscription to Premium services, including information concerning your credit card or other available payment method (“Payment Method”), on the PROFILE SPORTS LLC.com website at any time by clicking on your name, which appears at the top of each page of the site when you are logged in, and then following the link to your Premium account.
8.2 Age LimitationsIndividuals under the age of 18 may utilize Premium only with the involvement of a parent or legal guardian. You acknowledge that by using Premium, you may be exposed to Content that you find objectionable, and it is your sole responsibility to determine whether the Content in Premium is suitable for you. Some Content may not be suitable for people under the age of 18.
8.3 Device RequirementsProFile Sports Apps and Websites are designed to operate on most computer systems. Some mobile apps may run only on iOS platforms at this time, but may be revised to be compatible with other operating systems in the future.
8.4 PaymentBy providing Payment Method information for your Premium subscription, you are agreeing to pay a monthly or annual subscription fee and any applicable taxes and service fees (“Fees”) in connection with your use of Premium services. The Fees will be charged to your Payment Method automatically at the beginning of your subscription (or, as described in Section 8.9, at the end of your Trial Period, where applicable), and at the beginning of each monthly renewal thereafter on the calendar day corresponding to the commencement of your subscription unless you cancel your subscription or your account or Premium is suspended or terminated pursuant to these Terms. If your subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, PROFILE SPORTS LLC will charge your Payment Method on approximately the last day of such month. For example, if you started your subscription on January 31st, your next payment date will be approximately February 28th. The Fees charged to your Payment Method may vary from month to month due to changes in your subscription plan or applicable taxes, and you authorize PROFILE SPORTS LLC to charge your Payment Method for these amounts. PROFILE SPORTS LLC reserves the right to change the pricing of Premium at any time. In the event of a price change, PROFILE SPORTS LLC will post the new pricing in Premium and] attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your Premium subscription as described in Section 8.6. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify PROFILE SPORTS LLC within 60 days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
8.5 No RefundsALL FEES ARE NON-REFUNDABLE. As described further in Section 8.6, even if you cancel Premium during a monthly subscription period, you will not receive a refund for any portion of the Fees for the remainder of that subscription period. In rare circumstances, we may provide a credit, discount, or other consideration to some or all of our subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
8.7 Unpaid AmountsIf you fail to pay any Fees when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (1) you will remain liable for all such amounts, as well as any costs that PROFILE SPORTS LLC incurs in collecting any amounts you fail to pay in connection with Premium, including attorney and collections fees; (2) you authorize PROFILE SPORTS LLC to continue charging your Payment Method, as your Payment Method information may be updated as described in Section 8.1; and (3) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your monthly subscription renewal.
8.8 Promo CodesFrom time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, subject to certain restrictions as determined by PROFILE SPORTS LLC in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
8.9. Trial PeriodPROFILE SPORTS LLC may provide a limited free trial period (“Trial Period”) to new users and certain former subscribers at its sole discretion, but is under no obligation to do so, and Trial Periods may not be available at all times. PROFILE SPORTS LLC reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period. The specific terms of the Trial Period will be stated in the marketing material describing the particular Trial Period. If PROFILE SPORTS LLC provides you with a Trial Period, you must provide valid Payment Method information to PROFILE SPORTS LLC in order to use Premium during the Trial Period. PROFILE SPORTS LLC will not charge you in connection with the Trial Period. If you do not cancel Premium by the last “day” of your Trial Period, you authorize PROFILE SPORTS LLC to begin your paying subscription and automatically charge your Payment Method for your first paying monthly subscription period at the end of your Trial Period. PROFILE SPORTS LLC WILL NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYING SUBSCRIPTION HAS BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE LAST “DAY” OF YOUR TRIAL PERIOD. A “day” for purposes of these Terms begins at the time you start your subscription (i.e., complete the sign up process), and ends 24 hours later. For example, if you complete your registration at 3:00 p.m. on a Monday in your time zone, and your Trial Period is 2 days, you have until 3:00 p.m. on Wednesday in your time zone to cancel your subscription before your paying subscription will begin. You may only have one Trial Period before you must begin paying for Premium. If you exceed this limit, PROFILE SPORTS LLC may charge your Payment Method for any Trial Period after the first, or suspend your use of Premium, in its sole discretion.
8.10 Maximum StreamsYou may only use a maximum of two simultaneous streams (measured across all Content available on Premium) at any time regardless of the number of devices that PROFILE SPORTS LLC permits you to use with Premium. PROFILE SPORTS LLC may change the maximum number of simultaneous streams of Premium that you may use at any time in its sole discretion.
8.11 Broadcast and Territory RestrictionsPremium is only available to US-based users. You may only use Premium and its Content in the United States and for your own personal, non-commercial purposes. Certain features and Content may only be available to users in certain locations, during certain periods, and on certain devices, and the availability of certain features and Content may change over time. Please check the Premium FAQ (link) for more information about current limitations. In the case of geographic limitations, your location may not be identified accurately by the technology used for Premium, so you may be unable to access certain features and Content even if you are located in an area in which we intend to provide access. You consent to PROFILE SPORTS LLC and its third party providers determining your location for purposes of providing Premium. PROFILE SPORTS LLC will not be liable to you for any blackouts, location-based limitations, device-based limitations, Content-viewing windows, changes in PROFILE SPORTS LLC affiliate stations, availability of Content, or other restrictions or limitations in connection with Premium or the Content.
8.12 Quality of ServiceThe quality of the display of the streaming Content may vary from device to device, and may be affected by a variety of factors, including your location and the speed of your Internet connection. The time it takes to begin watching Content will also vary based on a number of factors, including your location, available bandwidth at the time and the configuration of your device. PROFILE SPORTS LLC makes no representations or warranties about the quality of your watching experience on your device.
8.13 Updates and TestingPROFILE SPORTS LLC reserves the right to update and change Premium, including its features and the selection of Content available in Premium, at any time. In addition, PROFILE SPORTS LLC reserves the right to test various aspects of Premium. PROFILE SPORTS LLC reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice.
8.14 Premium-specific EmailsAs part of Premium, PROFILE SPORTS LLC may send you emails regarding the Content or Premium from time to time. You agree that PROFILE SPORTS LLC may send you these types of emails to the email address that you provide. Because these emails are necessary for you to receive Premium, you agree that you will receive these emails even if you have opted out of receiving other email from PROFILE SPORTS LLC. If you do not want to receive these types of emails, you may cancel Premium at any time as provided in Section 8.6.
9. Other Fee-Based Services
If you accept fee-based Services other than Premium, you agree to the additional terms governing all such purchases as provided to you or posted on the Services to which they apply, including all requirements to pay applicable fees and taxes. Except as otherwise provided in such additional terms, the provisions of this Section 9 apply to such fee-based Services.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
PROFILE SPORTS LLC reserves the right to change the pricing of all Services at any time. In the event of a price change, PROFILE SPORTS LLC will post the new pricing on the relevant Service and attempt to notify you by sending an email to the address you have registered. Billing for all mobile subscription services will be governed by the Mobile Features section of these Terms (Section 10) unless the terms of the subscription say otherwise.
We may offer trial subscriptions to paid Services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions will automatically become paying subscriptions at the current subscription rate if you do not cancel before the end of the trial period.
10. Mobile Features
In addition to the general terms applicable to the Services, the following terms apply to Services designed for wireless devices (“Mobile Features”), which we offer only to users who are 18 years of age or older and located in the fifty U.S. states or the District of Columbia unless otherwise noted.
Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.
You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
To cancel a Mobile Feature that involves a subscription fee, you must follow the instructions included in the terms and conditions applicable to that Mobile Feature; otherwise, you will continue to incur subscription charges. If you stop a subscription-based Mobile Feature in the middle of a billing cycle, you will not receive a refund for that billing cycle.
11. Acceptable Use
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
• Access the Services using any interface other than ours;
• Maintain any link to the Services that we ask you to remove, in our sole discretion;
• Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the PROFILE SPORTS LLC or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
• Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
• Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
• Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;
• Interfere with others using the Services or otherwise disrupt the Services;
• Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;
• Transmit, collect, or access personally identifiable information about other users without the consent of those users and PROFILE SPORTS LLC ;
• Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;
• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
• Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
• Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials. If you violate this Section 11, PROFILE SPORTS LLC may immediately terminate your access to the Services, and take any other actions or seek any remedies permitted by law.
12. Access to Services and Accounts
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
• Change or discontinue the Services;
• Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
• Remove Content from the Services;
• Restrict, suspend or terminate your access to one or more Services or features thereof; and
• Deactivate your accounts and delete all related information and files in your accounts. We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If PROFILE SPORTS LLC terminates your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to Premium or another paid Service, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service. If PROFILE SPORTS LLC terminates your access to Premium or another paid Service because you breached these Terms, you will not be entitled to any refund.
13. Unsolicited Submissions
PROFILE SPORTS LLC does not accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, suggestions, ideas or concepts. It is PROFILE SPORTS LLC’s policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any PROFILE SPORTS LLC creative work would be purely coincidental.
You will defend, indemnify and hold harmless PROFILE SPORTS LLC, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “PROFILE SPORTS LLC Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). PROFILE SPORTS LLC retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 14 without PROFILE SPORTS LLC’s prior written approval.
15. Disclaimers; Limitation of Liability
THE PROFILE SPORTS LLC PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE PROFILE SPORTS LLC PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE PROFILE SPORTS LLC PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
THE PROFILE SPORTS LLC PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
THE PROFILE SPORTS LLC PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE PROFILE SPORTS LLC PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE PROFILE SPORTS LLC PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO PROFILE SPORTS LLC FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEEDING THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE PROFILE SPORTS LLC PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PROFILE SPORTS LLC PARTIES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
16. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Arizona, except Arizona's conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Phoenix, Arizona. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
17. Disputes; Arbitration
If you have any dispute with or claim against us or any of our affiliates (a “Claim”) arising out of or relating to the Services or these Terms, and the claim is not resolved by calling our customer service department at (844) 289-7763, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 17 shall survive termination of these Terms or any subscription that you may have to any of the Services.
Before you commence an arbitration or file a small claims court action with respect to your Claim, you must first send to PROFILE SPORTS LLC a written notice of your claim ("Notice"). The Notice must (1) be sent by certified mail; (2) be addressed to: ProFile Sports LLC P.O. Box 73481 Phoenix, AZ 85050
(3) Describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Commercial Arbitration Rules, including the Consumer-Related Disputes Supplementary Procedures, if applicable (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org In circumstances in which the Rules provide for an in-person hearing, such hearing will, at your request, take place in the U.S. county (or parish) of your residence, or otherwise in Phoenix, Arizona. For any non-frivolous Claim that does not exceed $50,000, PROFILE SPORTS LLC will pay all costs of the arbitration, and reimburse any filing fees you may be required to pay. If the arbitrator awards you damages that are greater than PROFILE SPORTS LLC’s last written settlement offer communicated before commencement of the arbitration, PROFILE SPORTS LLC will pay you the greater of $1,000 or the amount of the award.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
INFORMATION WE COLLECT
Children can enjoy content and features on ProFile Sports Web Sites without directly providing contact information. However, children who wish to participate in events, tournaments, contests, and certain other special activities may need to provide information such as first name, user name, password, email address, date of birth, city and state of residence, and gender.
If we knowingly collect, use, or disclose contact information collected from a child, we will provide notice and obtain parental consent in accordance with applicable law.
We do not condition a child's participation in an online activity on the child's providing more contact information than is reasonably necessary to participate in that activity.
Use of Information
We use the information we collect consistent with the services requested by the child. For example, we may use information provided by the child to:
• Send a newsletter, electronic card, and other communication requested by the child;
• Enable a child's participation in certain interactive features such as games, contests, message boards, chat rooms, scoress, and online scrolling tickers; and
• Respond to correspondence sent by the child.
In addition, we may use a parent's contact information to communicate with the parent regarding the child's activities on ProFile Sports Interactive Web Sites. For example, if a child wins a sweepstakes or contest, we may use the parent's contact information to conduct prize fulfillment.
Disclosure of Information
Parents' Choices and Access to Children's Information
Parents may review the contact information we have collected from their child, refuse to permit us to collect further contact information from their child, and request that any contact information we have collected be deleted from our records.
To review, update, or delete your child's contact information, please contact us. You may also send your request to the postal address listed below. To protect your child's safety, we ask for proof of your identification. We may deny access if we believe there is a question about your identity
Certain information cannot be deleted because of other legal obligations.
If you need further assistance, please contact us. If you would prefer to submit your questions or comments by mail, please send a letter to the address below:
ProFile Sports LLC P.O. Box 73481 Phoenix, AZ 85050
Profile Sports Social Networking Services and Sharing Video Viewing Information
ProFile Sports LLC. Has or may partner with certain third-party social networking services to offer you their services through certain ProFile Sports LLC. Apps and Web Sites. For example, you can use third-party social networking services, such as Facebook, Google or Twitter, to share information about your experience on ProFile Sports LLC. Web Sites with your friends and followers on those services. These social networking services may be able to collect information about you, including about your activity on ProFile Sports LLC. Apps and Web Sites, and they also may notify your friends, both on ProFile Sports LLC. Web Sites and on the services themselves, that you are a ProFile Sports LLC. user or about your use of the ProFile Sports LLC. products, in accordance with applicable law and their own privacy policies.
By choosing to link your ProFile Sports LLC. account with a third-party social networking service, you consent to share information about you, including video content that you have watched on ProFile Sports LLC. Web Sites, with your friends and followers on those services. You can limit how third-party social networking services share your information by visiting your social networking services and updating your privacy settings.
In addition, when you connect your social networking service with your ProFile Sports LLC. account, you authorize ProFile Sports LLC. to access certain information about you from your social networking service to provide content and services, including to help us tailor our communications to you and to develop rich online content and services across the ProFile Sports LLC. Web Sites. The information ProFile Sports LLC. may access from your social networking services is governed by the privacy policies and settings of those third-party services.
If you do not agree to these Terms, you should immediately stop using the Services.If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. If you are a Premium subscriber, you must first cancel your subscription before you will be able to delete your account. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.
Sections 6 and 11-18 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use. We are committed to working with you to obtain a fair resolution of any privacy concern. ProFile Sports appreciates your business. Thank you.