Conditions of Use

Welcome to SportsWatcherss.com. SportsWatcherss LLC and/or its affiliates (“SportsWatcherss”) provide website features and other products and services to you when you visit or shop at SportsWatcherss.com, use SportsWatcherss products or services, use SportsWatcherss applications for mobile, or use software provided by SportsWatcherss in connection with any of the foregoing. SportsWatcherss provides the SportsWatcherss Services subject to the following conditions.

By using SportsWatcherss Services, you agree to these conditions. Please read them carefully.

We offer a wide range of SportsWatcherss Services, and sometimes additional terms may apply. When you use an SportsWatcherss Service (for example, Your Profile, Gift Cards, Amazon Video, Your Media Library, SportsWatcherss devices) you also will be subject to the guidelines, terms and agreements applicable to that  SportsWatcherss Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. I agree that the SportsWatcherss seller entry fee is non-refundable. I also agree that SportsWatcherss can add their fees to customers at their discretion.

ELECTRONIC COMMUNICATIONS

When you use SportsWatcherss Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other SportsWatcherss Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any SportsWatcherss Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SportsWatcherss or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any SportsWatcherss Service is the exclusive property of SportsWatcherss and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any SportsWatcherss Service are trademarks or trade dress of SportsWatcherss in the U.S. and other countries. SportsWatcherss’s trademarks and trade dress may not be used in connection with any product or service that is not Sportswatcherss’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SportsWatcherss. All other trademarks not owned by SportsWatcherss that appear in any SportsWatcherss Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SportsWatcherss.

 

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, SportsWatcherss or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the SportsWatcherss Services. This license does not include any resale or commercial use of any SportsWatcherss Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SportsWatcherss Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by SportsWatcherss or its licensors, suppliers, publishers, rightsholders, or other content providers. No SportsWatcherss Service, nor any part of any SportsWatcherss Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SportsWatcherss. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SportsWatcherss without express written consent. You may not use any meta tags or any other “hidden text” utilizing SportsWatcherss’ name or trademarks without the express written consent of SportsWatcherss. You may not misuse the SportsWatcherss Services. You may use the SportsWatcherss Services only as permitted by law. The licenses granted by SportsWatcherss terminate if you do not comply with these Conditions of Use or any Service Terms.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SportsWatcherss reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant SportsWatcherss a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SportsWatcherss and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SportsWatcherss for all claims resulting from content you supply. SportsWatcherss has the right but not the obligation to monitor and edit or remove any activity or content. SportsWatcherss takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from SportsWatcherss are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

SportsWatcherss attempts to be as accurate as possible. However, SportsWatcherss does not warrant that product descriptions or other content of any SportsWatcherss Service is accurate, complete, reliable, current, or error-free. If a product offered by SportsWatcherss itself is not as described, your sole remedy is to return it in unused condition.

SANCTIONS AND EXPORT POLICY

You may not use any SportsWatcherss Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using SportWatcherss Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including SportsWatcherss Software), technology, and services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SPORTSWATCHERSS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPORTSWATCHERS SERVICES ARE PROVIDED BY SPORTSWATCHERSS AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SPORTSWATCHERSS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPORTSWATCHERSS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPORTSWATCHERSS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SPORTSWATCHERSS SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SPORTSWATCHERSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTSWATCHERSS DOES NOT WARRANT THAT THE SPORTSWATCHERSS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPORTSWATCHERSS SERVICES, SPORTSWATCHERSS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SPORTSWATCHERSS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SPORTSWATCHERSS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SPORTSWATCHERSS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SPORTSWATCHERSS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any SportsWatcherss Service, or to any products or services sold or distributed by SportsWatcherss or through SportsWatcherss.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Amazon Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SportsWatcherss.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on this site. These policies also govern your use of SportsWatcherss Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

 

ADDITIONAL SportsWatcherss SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with SportsWatcherss Services (the “SportsWatcherss Software”).

  1. Use of the SportsWatcherss Software. You may use SportsWatcherss Software solely for purposes of enabling you to use the SportsWatcherss Services as provided by SportsWatcherss, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the SportsWatcherss Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the SportsWatcherss Software in whole or in part. All software used in any SportsWatcherss Service is the property of SportsWatcherss or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the SportsWatcherss Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the SportsWatcherss Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the SportsWatcherss Software at any time and without notice to you.
  5. Government End Users. If you are a U.S. Government end user, we are licensing the SportsWatcherss Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the SportsWatcherss Software are the same as the rights we grant to all others under these Conditions of Use.
  6. Conflicts. In the event of any conflict between these Conditions of Use and any other Amazon or third-party terms applicable to any portion of SportsWatcherss Software, such as open-source license terms, such other terms will control as to that portion of the SportsWatcherss Software and to the extent of the conflict.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our e-mail address. We respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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