TERMS
1 TERMS OF USE
The SportyNews.co.nz website is provided by Sportsground Limited ("Sportsground"). Sportsground’s mission is to make smart technology simple to help people organise sport & education communities. The Sportsground platform gives Kiwi sport a voice and enables sports clubs, regional associations and national bodies to promote themselves and their activities online.
Terminology: In these terms, the following expressions have the meanings set out:
'Agreement' means these terms and conditions;
'SportyNews' means the sports news website at www.sportynews.co.nz;
'we', 'us' and 'our' are a reference to Sportsground;
'you' and 'your' are a reference to you;
1.1 This Agreement includes our policy for acceptable use of SportyNews, along with your rights, obligations and restrictions regarding such use.
1.2 Acceptance of terms and conditions: These terms and conditions are the terms on which we allow you to use SportyNews. By using SportyNews, you are deemed to have accepted these terms and conditions and are bound by them. If you do not accept these terms and conditions, you are hereby prohibited from using SportyNews.
1.3 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Sportsground at its absolute discretion from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. If you do not agree with such modification you have the right to terminate your use of SportyNews. You agree to be bound by this Agreement and you are responsible for ensuring you are familiar with the latest terms and conditions. It is therefore important that you review this Agreement regularly to ensure you are aware of any changes. Your continued use of SportyNews represents your agreement to be bound by the terms and conditions as amended.
2 SPECIFIC WARNINGS
2.1 Content for SportyNews is aggregated from the broader community and Sportsground does not take responsibility for updating or maintaining it. Content includes news articles, notices and photos posted by schools, sports associations and clubs. SportyNews is intended to promote community sport and give it a greater voice in New Zealand.
2.2 Your support is needed to keep SportyNews suitable for viewing by all ages. Therefore, any content you contribute may not include any of the following items: profane language, nudity, or obscene, lewd, excessively violent, harassing, sexually explicit material or other subject matter that a reasonable person would find objectionable to expose to minors. Sportsground assumes no responsibility or liability for the display of content or material that is objectionable in nature. We rely upon the public to report abuse and we reserve the right to take action against any person who misuses SportyNews.
2.3 Disclaimer: This clause is not intended to exclude or limit any rights which you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993. To the maximum extent permitted by law, you expressly understand and agree that:
2.3.1 your use of SportyNews is at your sole risk. SportyNews is provided on an "as is" and "as available" basis. Sportsground does not warrant timely, secure, error-free or interruption-free provision of SportyNews. Sportsground expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sportsground cannot guarantee and does not promise any specific results from use of SportyNews. To the maximum extent permitted by law and without limiting clause 2.2, Sportsground disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
2.3.2 Sportsground reserves the right at any time to temporarily or permanently discontinue SportyNews with or without notice and you specifically agree that Sportsground shall not be liable to you or to any third party for any modification, suspension or discontinuance of SportyNews;
2.3.3 no advice or information that is obtained by you from Sportsground or anyone else shall create any warranty by Sportsground that is not expressly stated in these terms and conditions;
2.3.4 responsibility for the content of advertising that may appear on SportyNews (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The existence of such advertisements does not constitute Sportsground's recommendation or endorsement of any advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement;
2.3.5 Sportsground reserves the right, in its sole discretion, to reject, refuse to post, or to remove any content, or to restrict, suspend, or terminate your access to all or any part of SportyNews at any time with or without prior notice;
2.3.6 Sportsground may send emails, text messages, push notifications or other communications to you if you are user of SportyNews, to promote or market other Sportsground products and services to you. Sportsground may also send electronic newsletters or product offers to you, and such newsletters or offers will contain clear and obvious instructions for how you can unsubscribe.
2.3.7 you must not attempt to impersonate another person or claim your content relates to a club, school, team or organisation that it does not. You must not use anyone else’s login ID or password to access SportyNews. You must not disclose your login ID or password to any other party or allow anyone else to access SportyNews using your login ID or password.
2.4 Liability: You agree that, to the maximum extent permitted by law, Sportsground has no liability or responsibility to you or any other person under or in connection with these terms and conditions, or in connection with SportyNews, another user's acts or omissions, or your use of or inability to use SportyNews, regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise, and;
2.4.1 Sportsground's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss, and;
2.4.2 Sportsground will not be responsible for any incorrect or inaccurate Content or other content posted at SportyNews, whether caused by users of SportyNews or any other source of content for SportyNews;
2.4.3 Content aggregated on SportyNews may contain links to other websites. Sportsground is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Sportsground. Inclusion of any linked website on SportyNews does not imply approval or endorsement of the linked website by Sportsground. When you access these third-party sites, you do so at your own risk;
2.5 Indemnity: You agree to indemnify and hold Sportsground, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of SportyNews and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post or activity you conduct on or through SportyNews causes Sportsground to be liable to another. This indemnification includes without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of any applicable law or regulation (to the extent allowed by law). All disclaimers and limitations of liability in these Terms will survive the termination of this Agreement.
2.6 Breach: Without limiting any other rights and remedies available to Sportsground, Sportsground may limit your use of SportyNews and/or your activities on SportyNews, remove your Content, warn other users of your actions, issue a warning to you, suspend or terminate your access to SportyNews, or refuse to provide SportyNews to you if you breach these terms and conditions or where Sportsground considers it appropriate.
2.7 Eligibility: By using SportyNews, you represent and warrant that all Content you submit are truthful and accurate representations of sport and recreational activity relating to a sports association, club or school in New Zealand and your use of SportyNews does not violate any applicable law or regulation.
2.8 Illegal and/or unauthorized use of SportyNews, including collecting usernames and/or email addresses or Content or unauthorised framing of Content into other websites or mobile applications is prohibited. Sportsground reserves the right to take appropriate legal action for any abusive, illegal or unauthorised use of the Content or SportyNews.
3 TERM AND TERMINATION
3.1 This Agreement shall remain in full force and effect while you use SportyNews.
3.2 If you wish to discontinue using SportyNews, you do not need to provide notice to cease using the service.
3.3 Sportsground may terminate your access to SportyNews at any time, without warning. Without limiting the foregoing, Sportsground may terminate your access to SportyNews if a serious complaint or multiple complaints are received about you, or if we, at our sole discretion, deem your behaviour to be unacceptable.
3.4 In the event that we terminate your access to SportyNews we may also at our absolute discretion permanently remove or delete your Content. You are solely responsible for keeping your own local or backup copy of your Content separate from SportyNews and we will not be responsible to you or any third party for any loss you or any third party may suffer as a result of any Content being permanently removed and/or deleted or otherwise.
4 FEES
4.1 Sportsground may offer different versions of SportyNews that have increased functionality and incur fees. Sportsground reserves the right at its absolute discretion to introduce fees for SportyNews and the right to alter, to depart from, or to cease offering SportyNews free of charge at any time, taking into account Sportsground's legitimate interests and reasonable consumer expectations.
4.2 Sportsground may inform you if a free service is to be offered in the future for a fee. You can then decide if you want to continue to use the service for that fee. Your continued use of the service after the proposed fee modification has been notified for at least one month will be deemed to constitute acceptance of the proposed fee modification. If Sportsground terminates your access to SportyNews because you have breached any Agreement, you shall not be entitled to the refund of any unused portion of fees.
5 PROPRIETARY RIGHTS IN CONTENT
5.1 Sportsground does not claim any ownership rights in the Content that is posted to SportyNews. After you provide Content, you continue to retain all ownership rights in such content, and you continue to have the right to use your Content in any way you choose beyond SportyNews. By displaying or publishing ("posting") any Content to SportyNews through your use of SportyNews, you hereby grant to Sportsground a license to use, modify, publicly perform, publicly display, and reproduce such Content without limitation. The license you grant to Sportsground is non-exclusive (meaning you are free to license your Content to anyone else in addition to Sportsground), fully-paid and royalty-free (meaning that Sportsground is not required to pay you for displaying your Content), sub-licensable (so that Sportsground is able to provide a sub-license that allows third parties to also display your Content), and worldwide (because the Internet and SportyNews is global in reach). Without this license, Sportsground would be unable to promote and publish your Content through our partners and affiliates to the broader community. You warrant that you will not make any claim against us or any third party that we sub-license for any use, publication or copying of your Content and you waive all rights of action or other claims you may have now or in the future against us in respect of any such use, publication or copying.
5.2 You represent and warrant that: (i) you own the Content posted by you on SportyNews or through your use of SportyNews and you have the right to grant the license set forth in this section, and (ii) the posting of your Content does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content created by you. If any person makes any claim against us or our sub-licensees, claiming that any of the Content you save infringe any copyright, or other intellectual property or moral right of any person, company or entity, you indemnify us and our sub-licensees against all costs, claims, loss, damage, demands and expenses (including all reasonable legal costs, fees and expenses) arising directly or indirectly out of such claim.
5.3 SportyNews may also contain graphics, logos, trademarks, text, design, icons, the arrangement of them, sound and video recordings and software that is owned by Sportsground ("Sportsground Content"). Sportsground Content is protected by copyright, trademark, patent, trade secret and other laws, and Sportsground owns and retains all rights in the Sportsground Content. Sportsground hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Sportsground Content (excluding any software code) solely for your personal use in connection with using SportyNews.
5.4 SportyNews contains content of other people who use SportyNews or other services from Sportsground. Except for Content created by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on SportyNews.
6 MISUSE AND ABUSE
6.1 Sportsground may delete any Content that in the sole judgment of Sportsground is in breach of this Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person.
6.2 Sportsground assumes no responsibility for monitoring SportyNews for inappropriate content or conduct. If at any time Sportsground chooses, in its sole discretion, to monitor SportyNews, Sportsground nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of anyone submitting any content.
6.3 You are solely responsible for the content that you post on SportyNews or through your use of SportyNews. Sportsground does not endorse and has no control over the content. Content is not necessarily reviewed by Sportsground prior to posting and it does not necessarily reflect the opinions or policies of Sportsground. Sportsground makes no warranties, express or implied, as to the content or to the accuracy and reliability of any material or information that is displayed on SportyNews.
6.4 The following is a non-exclusive list of the kind of content that is illegal or prohibited to post on SportyNews whether or not through SportyNews. Sportsground reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending content from SportyNews and terminating the access to SportyNews of such violators. Prohibited Content includes, but is not limited to content that, in the sole discretion of Sportsground:
6.4.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.4.2 harasses or advocates harassment of another person;
6.4.3 exploits people in a sexual or violent manner;
6.4.4 contains nudity that is likely to offend, violence, or offensive subject matter or contains a link to an adult website;
6.4.5 publicly displays any private telephone numbers, street addresses, or personal email addresses of any person under the age of 16;
6.4.6 promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
6.4.7 promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
6.4.8 involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" of “phishing”;
6.4.9 contains hidden text or images;
6.4.10 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
6.4.11 solicits passwords or personal identifying information for commercial or unlawful purposes;
6.4.12 involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
6.4.13 includes a photograph of another person in a way that is exploitive.
6.5 The following is a non-exclusive list of the kind of activity that is illegal or prohibited on SportyNews and through your use of SportyNews. Sportsground reserves the right to investigate and take appropriate legal action against anyone who, in Sportsground' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. If we do report you to law enforcement authorities, you acknowledge that you will have no claim against us for any loss or damage you suffer whatsoever as a result of your activities being so reported. Prohibited activity includes, but is not limited to:
6.5.1 criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
6.5.2 transmission of chain letters or junk email that breaches applicable anti-spam legislation such as the Unsolicited Electronic Messages Act;
6.5.3 covering or obscuring banner advertisements via HTML/CSS or any other means;
6.5.4 any automated use of the system, such as using scripts to add friends or send comments or messages;
6.5.5 interfering with, disrupting, or creating an undue burden on SportyNews or the networks or services connected to SportyNews;
6.5.6 attempting to impersonate another user or person;
6.5.7 selling or otherwise transferring your profile;
6.5.8 using any information obtained from SportyNews in order to harass, abuse, or harm another person;
6.5.9 using SportyNews in a manner inconsistent with any and all applicable laws and regulations.
7 COPYRIGHT POLICY
7.1 You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other protected proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Sportsground to terminate access of anyone who infringes the copyright rights of others upon receipt of prompt notification to Sportsground by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on SportyNews in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on SportyNews; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statutory declaration statement by you in accordance with the currently applicable laws and/or regulations that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
8 GENERAL RULES
8.1 You must not damage, interfere with or harm SportyNews, or any network, or system underlying or connected to them, or attempt to do so.
8.2 You may not use a robot, spider, scraper or other automated means to access SportyNews or information featured on it for any purpose.
8.3 Content posted by you to SportyNews must only relate to sports, schools, clubs, teams, classrooms or players based in New Zealand.
9 GENERAL PROVISIONS
9.1 System Integrity: Sportsground will use its reasonable endeavours to ensure the availability of SportyNews, subject to any downtime required for maintenance. However, Sportsground takes no responsibility for any system unavailability, or for any loss that is incurred as a result of SportyNews or SportyNews being unavailable. Further, Sportsground assumes no responsibility for the corruption of any data or information held by Sportsground. In addition, Sportsground assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or User communication. Sportsground is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email.
9.2 Resolution of disputes: As Sportsground is not a party to any transaction between you and any other users, you agree not to involve, or attempt to involve, Sportsground in any dispute or in the resolution of disputes that arise between you and any other users of SportyNews or contributors to SportyNews.
9.3 Force Majeure: Sportsground has no liability for any lack of performance, unavailability or failure of SportyNews or SportyNews, or for any failure of Sportsground to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Sportsground. Our obligations to you under these Terms will be suspended for the time and to the extent that we, or our third party service providers, are prevented from or delayed in complying with our obligations by any event or circumstance or combination of events or circumstances which are beyond our reasonable control.
9.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
9.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
9.6 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. If you access SportyNews in a jurisdiction other than New Zealand, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that SportyNews complies with the laws of any country.
9.7 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
9.8 Privacy: Sportsground may collect personal information about you through your use of SportyNews and SportyNews in accordance with our Privacy Policy. You agree that Sportsground may use this personal information to assist us to provide SportyNews to you, for internal research purposes, to verify your identity, and for promoting and marketing other Sportsground products and services to you. We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Sportsground, our users, or others.
10 ONLINE ADVERTISING
10.1 Sportsground may sell or place advertising in any position on SportyNews and in such instances Sportsground shall retain any funds, benefits or proceeds from such advertising.
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