Terms of Service

Last update February 20, 2010

By logging on and using the website, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless Sportably and it's employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your training, practice, exercise, competitive activities or the use of the Sportably.com website.

Sportably has been developed to help our users track and monitor athletic development in order to reach their performance and health goals. The authors of this web site are providing information for educational purposes only. The information provided within this website and from our services is not intended to be a diagnosis or prescription. The authors of this web site, and all its content, cannot guarantee any performance or competitive results or improvement to the user.

By signing up for the service ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time by visiting this webpage. Sportably reserves the right to update and change the Terms of Service by posting updates and changes to the website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Sportably is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Sportably provides may change from time to time without prior notice to you.

You acknowledge and agree that if Sportably disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to Sportably will always be accurate, correct and up to date.

You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Sportably, unless you have been specifically allowed to do so in a separate agreement with Sportably. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Sportably for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Sportably immediately.

For information about Sportably's data protection practices, please read Sportably's privacy policy. This policy explains how Sportably treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Sportably's privacy policies.

You understand and agree that all information contained within the Services and all data and information compiled by Sportably associated with the Services (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services is considered content of Sportably. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically authorized to do so by Sportably in a separate agreement.

You agree that you are solely responsible for (and that Sportably has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Sportably may suffer) by doing so.

You acknowledge and agree that Sportably own all legal right, title and interest in and to the Sportably content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Unless you have agreed otherwise in writing with Sportably, nothing in these Terms of Service gives you the right to use any of Sportably's trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by Sportably, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Sportably gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the software provided to you by Sportably as part of the Services as provided to you by Sportably (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sportably, in the manner permitted by these Terms of Service.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by Sportably in writing.

Unless Sportably has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give Sportably a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling Sportably to display, distribute and promote the Services.

You agree that this license includes a right for Sportably to make such content available to other companies, organizations and individuals with whom Sportably has relationships for the provision of syndicated services, and to use such content in connection with the provision of those Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, SPORTABLY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTABLY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

SPORTABLY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPORTABLY SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (B) MAKE CHANGES WHICH SPORTABLY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (D) YOUR FAILURE TO PROVIDE SPORTABLY WITH ACCURATE INFORMATION; AND (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

Some of the Services, now or in the future may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Sportably on the Services are subject to change without specific notice to you. In consideration for Sportably granting you access to and use of the Services, you agree that Sportably may place such advertising on the Services.

It is Sportably's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe that any materials on the Sportably web site infringe a copyright, please contact us.

Account Terms
You must be 18 years or older to use this Service.

You must provide a valid email address and any other information needed in order to complete the signup process.

You are responsible for keeping your password secure. Sportably cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.

You are responsible for all activity and content (data, graphics, photos, links) that is uploaded or created under your account.

A breach or violation of any of the Account Terms as determined in the sole discretion of Sportably will result in an immediate termination of your services.

General Conditions
We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

Sportably does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You expressly understand and agree that Sportably shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

Technical support is provided to all account holders and is only available via email.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sportably.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any customer, Sportably employee or member will result in immediate account termination.

The failure of Sportably to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sportably and governs your use of the Service, superseding any prior agreements between you and Sportably (including, but not limited to, any prior versions of the Terms of Service).

By making your account information public, you agree to allow others to view your content.

Sportably does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.

Contact us if you have any questions about the Terms of Service.