Terms of Service

Welcome to Sportsvite where you can create an invitation for any kind of sports game, indoor or outdoor, from football to volleyball to poker. Sportsvite allows you to set up the type of game, time, location, invite list and manage all communication. The Sportsvite service is operated by Sportsvite ("Sportsvite"). By using the Sportsvite web site (the "Web site") you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a Member and communicate with other Members and make use of the Sportsvite service (the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page.

This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by Sportsvite at any time and without prior notice, such modifications to be effective upon posting by Sportsvite on the Web site. This Agreement includes Sportsvite's acceptable use policy for content posted on the web site, Sportsvite's Privacy Policy, and any notices regarding the Web site.

Eligibility

You must be thirteen or over to register as a member of Sportsvite or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Term

This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. Sportsvite may terminate your membership for any reason, at any time. If Sportsvite terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees should such fees be charged. Even after membership is terminated, this Agreement will remain in effect.

Proper Commercial Use by Members

Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Proprietary Rights in Content on Sportsvite

Sportsvite owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of Sportsvite, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

You understand and agree that Sportsvite may review and delete any personal information or profiles (collectively, "Content") that in the sole judgment of Sportsvite violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

By posting Content to any public area of Sportsvite, you automatically grant, and you represent and warrant that you have the right to grant, to Sportsvite an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Sportsvite reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users

Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

You must use the Service in a manner consistent with any and all applicable laws and regulations.

You may not transmit any chain letters or junk email to other Members. Although Sportsvite cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Sportsvite reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Sportsvite deems appropriate in its sole discretion.

Member Disputes

You are solely responsible for your interactions with other Sportsvite Members. Sportsvite reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of the Web site and/or the Service is also governed by our Privacy Policy.

Disclaimers

Sportsvite is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Sportsvite is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Sportsvite assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Sportsvite is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Sportsvite be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and Sportsvite expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sportsvite cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Sportsvite or through or from the service shall create any warranty not expressly stated herein.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Sportsvite be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Sportsvite has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Sportsvite's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Sportsvite for the Service during the term of membership.

Disputes

If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.

Indemnity

You agree to indemnify and hold Sportsvite, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Sportsvite and any User of the Service.

Other

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Sportsvite regarding the use of the Web site and/or the Service. The failure of Sportsvite to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Please contact us with any questions regarding this agreement. Sportsvite is a trademark of Sportsvite, Inc.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE