Your privacy is important to us. This Privacy Statement governs the practices of ProFileSports.TV, ProFile Sports LLC. ("ProFile Sports") and its affiliates (collectively the "ProFile Sports Company"). The ProFile Sports Company are committed to undertaking reasonable measures to protect the privacy and security of all of the personal information that is provided to us. Please read the following description of our policies and practices regarding your personal information. OUR GUARANTEE OF PRIVACY ProFile Sports makes every effort to protect the privacy rights of our viewers and the athletes that we record. We post notifications and disclaimers including photo release language in all our onboarding documents, on our websites and apps.
ProFile Sports cameras are installed in public places and the recordings are intended for the enjoyment and education of the athletes, fans, and families we serve. You acknowledge that by playing sports or attending games in public venues comes with it the inherent exposure and fact that there will be spectators. But if you feel that the publication or broadcasting of your likeness or performance does harm to you for any reason, and you make your feelings known to firstname.lastname@example.org or by calling 602-672-7327 we will take one of the following measures to remedy your concern:
1. We will delete the audio if the offending incident is audible. 2. We will obscure the likeness of the individual in the video in post-production. 3. We will edit out the offending image in post-production. 4. We immediately remove the video from our on-demand library.
You understand that any of these actions may inconvenience other players and fans who want their game video and for whom it will no longer be available. You further understand that we may have no control over the views or downloads that may have already taken place before your complaint was made. You also understand that if the incident in question is deemed to be evidence in a legal matter we will comply with all laws and state or federal authorities.
This policy covers how the ProFile Sports Company treats personal information that the ProFile Sports Company collects and receives through their recording equipment, website, http://ProFile Sports.TV (the "Web Site") and http://profilesportsapp.com/ (the “App”). This policy does not apply to the practices of companies that the ProFile Sports Company does not own or control. This policy covers how the ProFile Sports Company treat personal information that the ProFile Sports Company collect and receive through their website, http://ProFile Sports.TV (the "Web Site") and http://profilesportsapp.com/ (the “App”), and via our app. This policy does not apply to the practices of companies that the ProFile Sports Company does not own or control.
From time to time we may place a "cookie" on your computer. Our third-party service providers and ad servers may also place a "cookie" on your computer. A cookie is a file written to your computer hard drive that records certain technical information about your Internet usages, such as your IP address, browser type, or domain name. Also, if you submit Personal Identifiable Information to our Web Site (such as your name, interests or preferences), "cookies" may be used to keep track of such information so that you will not need to reenter this information during subsequent visits. We use "cookies" to customize the delivery of our Web Site content and advertisements. You may set your Internet browser preferences to notify you when you receive a "cookie" or to decline its acceptance. If you decline acceptance of "cookies", however, under certain circumstances you may experience less than optimal performance of our Web Site.
Web servers serving our Web Site may automatically collect Personal Identifiable Information regarding the Web Site pages you visit, as well as your IP address or domain name. We may use this information for our internal Web Site business purposes, for example, to tailor our Web Site content or to assess the amount of traffic to our Web Site.
Our Web Site may contain advertisements or services offered by other parties and links to their web sites. These other parties and their web sites may include our partners, sponsors, and advertisers that may be authorized to use the ProFile Sports name or logo as a link between the Web Site and their web sites. The links and web sites operated by such other parties may set and access cookies. We are not related to and have no control over such web sites and parties. Those parties are covered by their own privacy policies, and we cannot take any responsibility in that regard.
Each subscriber to our paid service will create a personal login to the paid services area of the website. When you set up your account, you are asked to create and secure access to the paid services area by supplying us with your email and password. You will also be asked to supply us with personally identifiable information, including your name, billing address, mailing address, email address, and credit card information. We will collect and maintain all of that information and any other information you provide to us in the future through the paid services area for the purpose of account management, billing and collections, customer support, and service management. You are solely responsible for maintaining the confidentiality of your User Name and Password to the paid services area for ensuring that no minors or third parties access or use in any way your ProFile Sports account without your permission.
BY VIEWING THE PROFILE SPORTS SUBSCRIPTION WEBCASTS, OR BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BOX LOCATED ON THE ONLINE SUBSCRIPTION FORM, IN OUR APS AND WEBSITES YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS, CONDITIONS, AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME.
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 the 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 Interactive, PROFILE SPORTS Interactive will retain all right, title, and interest in and to the Services and the Content. 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 another 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 sub-license 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 Interactive 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 Interactive 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.
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 Interactive and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub-license able 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 sub-licensee 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.
Keep in mind, you bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to PROFILE SPORTS LLC Interactive the license above and that your User Submissions do not violate the rights of others.
2. All Access Subscriptions and Billing Section 8 contains additional provisions that apply if you subscribe to All Access.
8.1 All Access Account Information. You can access and edit specific details regarding your subscription to All Access, including information concerning your credit card or other available payment methods (“Payment Method”), on the PROFILE SPORTS.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 All Access account.
8.2 Age Limitations. Individuals under the age of 18 may utilize All Access only with the involvement of a parent or legal guardian. You acknowledge that by using All Access, you may be exposed to Content that you find objectionable, and it is your sole responsibility to determine whether the Content in All Access is suitable for you. Some Content may not be suitable for people under the age of 18.
8.3 Supported Devices. To see if All Access is available for your device click here.
8.4 Payment. By providing Payment Method information for your All Access subscription, you are agreeing to pay a monthly or annual subscription fee, as applicable, and any applicable taxes and service fees (“Fees”) in connection with your use of All Access. 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 subscription period renewal thereafter on the calendar day corresponding to the commencement of your subscription unless you cancel your subscription or your account or All Access is suspended or terminated pursuant to these Terms. If your monthly subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, PROFILE SPORTS Interactive will charge your Payment Method on approximately the last day of such month. For example, if you started your monthly 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 or year-to-year due to changes in your subscription plan or applicable taxes, and you authorize PROFILE SPORTS Interactive to charge your Payment Method for these amounts. PROFILE SPORTS Interactive reserves the right to change the pricing of All Access at any time. In the event of a price change, PROFILE SPORTS Interactive will post the new pricing in All Access 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 All Access 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 Interactive 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 Refunds. ALL FEES ARE NON-REFUNDABLE. As described further in Section 8.6, even if you cancel All Access during a monthly or annual subscription period, as applicable, you will not receive a refund for any portion of the Fees for the remainder of that monthly or annual subscription period. In rare circumstances, we may provide a credit, refund, 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 Amounts. If you fail to pay any Fees when due, as a result of the 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 Interactive incurs in collecting any amounts you fail to pay in connection with All Access, including attorney and collections fees; (2) you authorize PROFILE SPORTS Interactive 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 subscription renewal.
8.8 Promo Codes. From 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 not be combined with other offers, subject to certain restrictions as determined by PROFILE SPORTS Interactive in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
8.9. Trial Period. PROFILE SPORTS Interactive 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 Interactive 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 Interactive provides you with a Trial Period, you must provide valid Payment Method information to PROFILE SPORTS Interactive in order to use All Access during the Trial Period. PROFILE SPORTS Interactive will not charge you in connection with the Trial Period. PROFILE SPORTS Interactive may place a temporary charge in a nominal amount on your Payment Method to ensure the validity of the Payment Method, but the temporary charge will be removed promptly. If you do not cancel All Access by the last “day” of your Trial Period, you authorize PROFILE SPORTS Interactive to begin your paying subscription and automatically charge your Payment Method for your first paying monthly or annual subscription period, as applicable, at the end of your Trial Period. PROFILE SPORTS INTERACTIVE 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 All Access. If you exceed this limit, PROFILE SPORTS Interactive may charge your Payment Method for any Trial Period after the first, or suspend your use of All Access, in its sole discretion.
8.10 Maximum Streams. You may only use a maximum of two simultaneous streams (measured across all Content available on All Access) at any time regardless of the number of devices that PROFILE SPORTS Interactive permits you to use with All Access. PROFILE SPORTS Interactive may change the maximum number of simultaneous streams of All Access that you may use at any time in its sole discretion. 8.11 Broadcast and Territory Restrictions. All Access is only available to US-based users. You may only use All Access 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 All Access FAQ for more information about current limitations. In the case of geographic limitations, your location may not be identified accurately by the technology used for All Access, 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 Interactive and its third party providers determining your location for purposes of providing All Access. PROFILE SPORTS Interactive will not be liable to you for any blackouts, location-based limitations, device-based limitations, Content-viewing windows, changes in PROFILE SPORTS affiliate stations, availability of Content, or other restrictions or limitations in connection with All Access or the Content.
8.12 Quality of Service. The 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 Interactive makes no representations or warranties about the quality of your watching experience on your device.
8.13 Updates and Testing. PROFILE SPORTS Interactive reserves the right to update and change All Access, including its features and the selection of Content available in All Access, at any time. In addition, PROFILE SPORTS Interactive reserves the right to test various aspects of All Access. PROFILE SPORTS Interactive 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 All Access-specific Emails. As part of All Access, PROFILE SPORTS Interactive may send you emails regarding the Content or All Access from time to time. You agree that PROFILE SPORTS Interactive may send you these types of emails to the email address that you provide. Because these emails are necessary for you to receive All Access, you agree that you will receive these emails even if you have opted out of receiving other emails from PROFILE SPORTS Interactive. If you do not want to receive these types of emails, you may cancel All Access at any time as provided in Section 8.6.
8.15. Subscriptions Obtained Through Third Parties. If you obtain an All Access subscription through a third-party distributor that maintains your subscriber account and collects your payments for All Access, that subscription is subject to the distributor’s terms, and the provisions of this Section 8 concerning subscriptions, billing, and payment do not apply to that subscription. When you access All Access through a portal provided by such a third-party distributor, and the distributor transmits All Access Content to you, the provisions of this Section 8 concerning access to and delivery of All Access do not necessarily apply, and in the event of a conflict, the distributor’s applicable terms govern.
8.16. Temporary Download and Offline Viewing. Some PROFILE SPORTS All-Access content is available for temporary download and offline viewing on certain supported devices ("Offline Titles") with certain subscription plans. Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles, and how long the Offline Titles will remain accessible. Offline Titles are not playable outside the United States.
3.Other Fee-Based Services If you accept fee-based Services other than All Access, 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 canceled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering. PROFILE SPORTS Interactive reserves the right to change the pricing of all Services at any time. In the event of a price change, PROFILE SPORTS Interactive 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.
4. 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.
5. 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 Interactive 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 Interactive;
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 Interactive may terminate your access to the Services without notice, and take any other actions or seek any remedies permitted by law.
6. 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 Interactive terminates your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to All Access 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 Interactive terminates your access to All Access or another paid Service because you breached these Terms, you will not be entitled to any refund.
7. Unsolicited Submissions. PROFILE SPORTS Interactive does not accept unsolicited submissions, including scripts, storylines, articles, fan fiction, characters, drawings, suggestions, ideas, or concepts. It is PROFILE SPORTS Interactive’s policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any PROFILE SPORTS creative work would be purely coincidental. 8. Indemnification You will defend, indemnify and hold harmless PROFILE SPORTS Interactive, 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 Interactive 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, any claims arising from User Submissions). PROFILE SPORTS Interactive 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 Interactive’s prior written approval.
9. Disclaimers; Limitation of Liability THE PROFILE SPORTS INTERACTIVE 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 INTERACTIVE PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE PROFILE SPORTS INTERACTIVE 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 INTERACTIVE 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 PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT. THE PROFILE SPORTS INTERACTIVE 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 INTERACTIVE 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 INTERACTIVE PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO PROFILE SPORTS INTERACTIVE FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE PROFILE SPORTS INTERACTIVE 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 INTERACTIVE PARTIES.
10. Governing Law, Venue, and Jurisdiction These Terms and all claims as between you and us 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 California, except California'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 jurisdiction in the state and federal courts in San Francisco, California. 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.
11. Disputes; Arbitration If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms (a “Claim”), and the Claim is not resolved by calling our customer service department at (888)274-5343, you and we each agree to resolve such Claim through an individual binding arbitration or through an individual action in small claims court in the U.S. county (or parish) of your residence or in San Francisco, California. 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 or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to PROFILE SPORTS Interactive a written notice of your claim or we must send a written notice of our claim to you ("Notice"). Your Notice must (1) be sent by certified mail; (2) be addressed to PROFILE SPORTS Interactive, 235 Second Street, San Francisco, CA 94105Attn: Legal Department; (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 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 Consumer Arbitration Rules (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 take place in the U.S. county (or parish) of your residence, or otherwise in San Francisco, California. For any non-frivolous Claim that does not exceed $50,000, PROFILE SPORTS Interactive 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 Interactive’s last written settlement offer communicated before commencement of the arbitration, PROFILE SPORTS Interactive will pay you the greater of $1,000 or the amount of the award.
GENERAL: The ProFile Sports webcasts (the "Sportscast") access offered through http://ProFile Sports.com (the "Site") is produced and made available by ProFile Sports, LLC. ("ProFile Sports").
DESCRIPTION OF SERVICE: The site provides a service that enables website visitors to view a Sportscast. To access such Service, the user must complete an online subscription form (the "Subscription").
PAYMENT TERMS: The current Subscription fees (the "Fees") applicable to the ProFile Sports Sportcasts can be viewed at http://ProFile Sports.com. The Fees applicable to the Sportcasts, together with all applicable taxes, including GST and PST (depending on provincial residency but which are not applied to non-Canadian residents as per Canada Revenue Agency (CRA) legislation), will be billed automatically to the credit card (the "Account Credit Card") you designated during the Subscription. Subscriptions will be processed in Canadian dollars where the billing address is in Canada. All Subscriptions where the billing address is outside of Canada will be processed in USD. You warrant that you are the cardholder of the Account Credit Card and the relevant information required for processing Fees is valid at all times. You must notify us of any change of address or other relevant information in a timely fashion. If the Account Credit Card expires, you must notify us of the new expiration date before the previous expiration date has passed. ProFile Sports reserves the right to levy an administration fee for any credit card transaction that fails. If you want to designate a different credit card or if there is a change to the existing Account Credit Card, you should update the relevant information online at http://ProFile Sports.com in your profile setting page. Except as provided below, the Subscription will be processed and the Account Credit Card will be charged no later than five (5) days subsequent to the delivery of the Service. You agree to pay all fees incurred in connection with your use of the Service through your subscription, including any applicable taxes, at the rates in effect when the said Fees were incurred. Except as provided herein, all Fees are non-refundable. I understand that ProFile Sports, LLC. will process my payment and that "ProFile Sports Subscription" is the name that will appear on my transaction record. Please note that fees do not include any applicable charges incurred to access any of the Sport casts, through an Internet, wireless, or other third-party service providers.
PROFILE SPORTS TERMINATION: ProFile Sports reserves the right to terminate your Subscription and your access to the Site and Sportcasts at any time and for any reason, including without limitation, if the Account Credit Card is invalid for any reason if ProFile Sports does not receive payment, or where ProFile Sports has determined, in its sole discretion, that use of the Sportcasts by you is, or was, in breach of the Terms of Service. Any such termination by ProFile Sports shall be in addition to and without prejudice to such rights and remedies as may be available to ProFile Sports, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions shall survive termination or expiry of your Subscription and this Agreement.
DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF PROFILE SPORTS, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "PROFILE SPORTS COMPANY") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE PROFILE SPORTS COMPANY DOES NOT WARRANT THAT THE SITE, THE SPORTCASTS OR THE CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE PROFILE SPORTS COMPANY (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA, PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SITE, THE SPORTCASTS OR ANY OF THE CONTENT (INCLUDING THE PERFORMANCE OF, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SAME), REGARDLESS OF WHETHER THE PROFILE SPORTS COMPANY HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGES. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PROFILE SPORTS' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO PROFILE SPORTS BY YOU FOR THE SPORTCASTS. CERTAIN SPORTCASTS ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT IS NOT UNDER THE CONTROL OF PROFILE SPORTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL PROFILE SPORTS COMPANY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, SPORTCASTS OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS AND SUBSCRIPTIONS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the Sportcasts may be temporarily unavailable as a result of disruptions as described above. While ProFile Sports makes every reasonable effort to minimize such downtime, ProFile Sports cannot guarantee the 100% availability of the Sportcasts. Accordingly, if you are dissatisfied with the Sportcasts for any reason, your sole and exclusive remedy are to discontinue the use of the Sport casts in accordance with this Agreement. You expressly acknowledge that ProFile Sports has set the Fees for the Sportcasts, entered into this Agreement, and has and will make the Sportcasts available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the bargain between you and ProFile Sports. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a breach or breaches, the failure of essential purpose of the contract, the failure of any exclusive remedy or termination of this Agreement.
COMPUTER VIRUSES: While ProFile Sports makes every reasonable effort to ensure that the Sport casts made available on the Site do not contain computer viruses and other destructive elements, you acknowledge and agree that, prior to your use of any of the Sportcasts, it is solely your responsibility to (a) take all protective measures to guard against viruses and other destructive elements (including the use of industry-standard and updated virus scanning tools); and (b) ensure that you have a complete, current and secure back-up of the applicable items of information and software on your computer or other electronic device used to access the Site and Sportcasts.
INDEMNITY: You agree to defend, indemnify and hold harmless each of ProFile Sports, its affiliates, licensors, co-branders, and other partners, and each of their respective officers, directors, employees, and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; (b) your access to or use of the Site or Sportcasts; (c) your use or reliance on, or publication, communication or distribution of, anything on or from the Site; or (d) your violation of any law or regulation.
USE OF CONTENT: You acknowledge and agree that any ProFile Sports services and/or content accessed through such services shall be used solely for non-commercial use and that such content shall not be transferred without the written approval of ProFile Sports.
PROHIBITED USES: You agree to comply with all applicable laws with respect to your use of the Sportcasts. ProFile Sports may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. The Sportcasts are provided for your personal, non-commercial use. You may not distribute, reproduce, republish, display, transmit, or use any material for public or commercial purposes without the written permission of ProFile Sports.
LAW AND JURISDICTION: The Site and Sportcasts are controlled, operated, and administered by ProFile Sports from its offices within Canada. This Agreement shall be interpreted, construed, and governed by the laws in force in the Province of Quebec, Canada. COMMUNICATION: As part of the Web Site and/or Service(s) you agree to receive a series of ongoing communications regarding the Web Site and/or Service(s). Upon receipt of this communication, you will have the option to opt-out or unsubscribe.
GENERAL: This Agreement is personal to you, and you may not assign your rights or obligations to anyone. This Agreement constitutes the entire agreement between ProFile Sports and you pertaining to your use of the Sport casts and supersedes any prior agreements between you and ProFile Sports. The parties have required that this Agreement and all documents relating thereto be drawn up in English. Our Company
Help and Information
VIDEO SERVICES AND SOCIAL NETWORKING POLICYTVIDEO SERVICES AND SOCIAL NETWORKING POLICY Your video content viewing activities may be collected through your use of the Services. By viewing our video content, you are consenting to share your video viewing and related media consumption activities with others as described below, including video content you have watched or audio content, streamed on the Services. Sharing this information will allow you to take advantage of TV and audio control services, social networking, and other features including the delivery of relevant advertising on the Services. Such sharing may continue for two years or until you withdraw your consent.
SOCIAL NETWORKING SERVICES PROFILE SPORTS has partnered with certain third party media broadcasting and social networking companies to offer you their services through certain PROFILE SPORTS Services. 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 Services with your friends and followers on those services. These social networking services may be able to collect information about you, including about your activities on PROFILE SPORTS Services, and they also may notify your friends, both on PROFILE SPORTS Services and on their services, that you are a PROFILE SPORTS user or about your use of the PROFILE SPORTS Services, in accordance with applicable law and their own privacy policies.
By using your PROFILE SPORTS Services 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 Services, 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' websites and updating your privacy settings. In addition, PROFILE SPORTS Services may request your permission to a) access and collect information available from your social networking account; and b) post information to your friends on your behalf. When you connect your social networking service with your PROFILE SPORTS Services account, you authorize PROFILE SPORTS Services 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 Services. The information PROFILE SPORTS may access your social networking services is governed by the privacy policies and settings of those third party services.
In addition, third party market research services, such as Nielsen, may access information about you through your social networking services. You can prevent Nielsen from receiving any data from Facebook that includes information identifying you by opting out of Nielsen measurement. Please click here to read about Facebook’s participation in Nielsen’s measurement services, and here to learn how to opt-out of Nielsen measurement services on web browsers.
COPYRIGHT COMPLAINTS If you believe that Content on the Services violates your copyright, please send us a notice of the violation using the following contact information: ProFile Sports TV Designated Agent: Diana Wilson founding partner ProFile Sports LLC
Your notice must include: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Call us at 602-672-7327 if you have any questions.