Terms of service agreement

The services offered by Sportkin.com ("Sportkin" or "we") include the Sportkin web site (the "Sportkin Web site"), the Sportkin collaboration/communication service, and any other features, content, or applications offered from time to time by Sportkin in connection with the Sportkin Web site (collectively, the "Sportkin Services"). The Sportkin Services are hosted Australia.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Sportkin Services. By using the Sportkin Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Sportkin Web site) or you are a "Member" (which means that you have registered with Sportkin.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Sportkin Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Sportkin Web site and discontinue use of the Sportkin Services immediately. If you wish to become a Member, communicate with other Members and make use of the Sportkin Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Sportkin's policy for acceptable use of the Sportkin Services and Content posted on the Sportkin Web site, your rights, obligations and restrictions regarding your use of the Sportkin Services and Sportkin's Privacy Policy. In order to participate in certain Sportkin Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Sportkin Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Sportkin may modify this Agreement from time-to-time and such modification shall be effective upon posting information the Sportkin Web site. You agree to be bound to any changes to this Agreement when you use the Sportkin Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Section 1. Privacy commitment. Personal information collected from a secure/non secure form will never be shared with organizations external to Sportkin without your consent. This site is copyrighted and may not be copied, reproduced, downloaded, or disseminated without the prior written consent of Sportkin. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

Section 2. Legal Content Posted by you. Through the publication, demonstrated or content uploading, all text, links, imagery, or other data or the information about either to the web site(including your Sportkin profile), Please choose carefully the information you post on Sportkin and that you provide to other Users. Your Sportkin profile will not include the following items:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult web site;
solicits personal information from anyone under 16 without concent from their parent(s) or guardian.
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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/videos or links to pirated music/video files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
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;
includes a photograph of another person that you have posted without that person's consent; or
Despite this prohibition, information provided by other Sportkin Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Sportkin assumes no responsibility or liability for this material. If you become aware of misuse of the Sportkin Services by any person, please contact Sportkin or click on the contact us link and select "Web site Abuse" as the nature of the issue.

Section 3. Sportkin profiles. Please note: Sportkin service includes the option for members to choose the levels of exposure to other profiles and to the public. These levels are ‘direct friend’, ‘member’s friends, or ‘open public’. Service contains an option that authorizes the members to contain their last names in their profiles, no matter you have chosen the level for your full Sportkin profile that passes over. While selecting these options, please consider carefully your desired level of privacy on your Sportkin profile, and you whether you want your profile available to the public.

Section 4. Eligibility. Members must be sixteen or over prior registering at Sportkin. Children under 16 years of age require parental or next of kin guidance. The use Sportkin where forbids any service to one who does not meet the eligible listed terms. The present agreement will remain complete, while your membership is valid at Sportkin.
Sportkin reserves the right to hold or terminate your entry for any reason, because you have breached the terms and conditions of Sportkin present agreement.

Section 5. Non-commercial Use by Members. The Sportkin Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Sportkin. Illegal and/or unauthorized use of the Sportkin Services, including collecting usernames of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Sportkin Web site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Sportkin Services.

Section 6. Indemnity. You agree to indemnify and hold Sportkin, harmless from all claims, demands or other liabilities, including legal fees and costs, that are made by any third party due to or arising from your use of the web site or your breach of these Terms and Conditions. In the case of violation of one or more of the terms of this Agreement by you, we may block your account(s), delete prohibited content, and prevent publication of all or part of your profile. We may also block your access to all or part of the Service, either permanently or temporarily. In addition, posted and prohibited content. Any material that you transmit or post to the Sportkin web site will be considered non-confidential and non-proprietary.

Section 7. Review al of content. Sportkin may review and delete any content, emails, photos or profiles (collectively, ‘Content’) that we judge to violate this Agreement or judge as offensive, illegal, or that might harm, endanger, or violate the rights of members. You are solely responsible for the Content that you post on Sportkin or Content you transmit to other members using our Service. You agree that the content is accurate, not in breach of this Agreement, and not harmful to any person in any way. The information that you supply to Sportkin and post on the Sportkin Web site must be accurate and conform to reality. You may not transmit any chain letters or junk email to other members. The following is a partial list of the kind of content, including photos, which are prohibited on the Sportkin web site. Sportkin reserves the right to amend this list at any time; IMPORTANT: Sportkin reserves the right to investigate and take appropriate legal action against anyone who violates this clause. We may suspend or terminate any member or hide the profile if it is judged offensive or if it includes identifying information.

Section 8. Actions. The following is a partial list of the type of actions that you may not engage in with respect to the Service. Sportkin reserves the right to amend this list at any time. It includes: You will not send or post material that constitutes or encourages conduct that is considered a criminal offence in any country. You will not send or post material which infringes the rights of any third party. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights. Failure to abide by these conditions will result in prosecution to the maximum penalty.

Section 9. Respect for others. You will not impersonate any person or entity. You will not harass any other person. You will not solicit money from any other person. You will not express or imply that any statements you make are endorsed by Sportkin without our specific prior written consent. You will not use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the service or its contents.
You will not “frame” or “mirror” any part of the Service or the Sportkin Web site, without Sportkin prior written authorisation. You shall not use code or other devices containing any reference to Sportkin, our Service or Web site to direct persons to any other web page. Except and only to the extent permitted under applicable public law, you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, de compile or otherwise disassemble any portion of the Service or the Sportkin Web site or any software used on or for the Service or cause others to do so.

Section 10. Account Security and Access. You are responsible for maintaining the confidentiality of your Sportkin username and password, and you are fully responsible for all activities that occur under your Sportkin username and password. You agree to immediately notify Sportkin of any unauthorised use of your Sportkin username or password or any other breach of security, and ensure that you exit from your account at the end of each session. You are solely responsible for your interaction with other Sportkin Members. Sportkin reserves the right, but has no obligation, to monitor disputes between you and other members. You agree that the public laws of the internet will govern the any dispute. Any legal disputes are to be held at the courts Sydney New South Wales Australia.

Section 11. Sever ability. While Sportkin endeavours to ensure that the Sportkin Web site is available 24/7, even though Sportkin will implement state of the art technology for this web service to perform at an optimal, we do not guarantee that it will be uninterrupted or error free. Access to the Sportkin Web site may be suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Contact Information. If you have any questions about the rights and restrictions above, please make contact with Sportkin. Sportkin does not encourage invalid activities or any manner which is abusive, or is threatening libelous, defamatory, or illegal aims of other members; each possible promotion, of the sales or the other commercial activity determine or include/understand like competition, lotteries, the business of compensation or projects of pyramid; ask or the people that you do not know, to be added or accept themselves as a Sportkin friend on the service. Although the above contents is exclusively is strictly prohibited, there a small probability is that you could become put outside such elements by using the Webs site or the service. IF anyone is found demonstrating such un public lawful actions listed in the above contents, Sportkin will immediately terminate your account, and send your IP address, along with your personal information to the appropriate party in your nation, then the appropriate party will prosecute you in the public law of right. Sportkin encourages good sports. In the event that you have any claim or action against any other member arising from another member’s use of our Sportkin web site or the Service, you agree to pursue such claim or action independently of and without any demands from Sportkin, and you release Sportkin from all claims, liability and damages raised in any way connected to the claim or action. If a claim or action is brought against us from your activities or use of the Sportkin Web site or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter. Sportkin may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations under this Agreement. You agree that no partnership, joint venture, employment, or agency relationship exists between you and Sportkin because of this agreement or use of this Web site. This Agreement, accepted upon use of the Sportkin Web site and further affirmed by becoming a member of the Service, contains the entire agreement between you and Sportkin regarding the use of the Sportkin web site and/or the service. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable public law including, but not limited to, the warranty disclaimers. Liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

The Logo “the Sportkin logo”, “Rankin” are all trade marks and logos that are related to Sportkin or other certain trademarks and logos appearing on this web site, are trademarks or registered trademarks of their respective intellectual owners in Australia and other countries. Last updated: 23/05/2009