Please read this User Agreement before using this Company Services. By continuing to use Hashtag Sports, you agree to abide by the conditions of this User Agreement.
Acceptance of Terms
Welcome to Hashtag Sports, which is operated by Activ8Social, LLC (“Hashtag Sports”, the “Company”, or “we”). The Company Services that we provide include hashtagsports.com, nyc.hashtagsports.com, awards.hashtagsports.com, engage.hashtagsports.com, and any media, content, newsletters, features, applications, promotions, games, or other products and services offered that Hashtag Sports may provide in connection therewith (collectively, the “Company Services”). Hashtag Sports is based in the United States and the Company Services are hosted in the United States.
We reserve the right to change the terms of this User Agreement or to modify any features of this Company Services at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time at Hashtag Sports. Your use of this Company Services constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Company Services, shall be subject to this User Agreement.
This Agreement remains in full force and effect while you use the Company Services. Hashtag Sports reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Hashtag Sports shall not be liable to you or any third party for any modification, suspension or discontinuance of the Company Services.
Hashtag Sports may terminate your user account and/or access to the Company Services at any time, for any reason (or no reason), with or without prior notice or explanation, without further obligation or liability. Furthermore, even after your user account or access to the Company Services is terminated, this Agreement will remain in effect. You agree that your user account is non-transferable, and any rights to your account terminate upon your death.
The Company Services may contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) belonging to users of the Company Services and other Company licensors (“User Content”) and belonging to Company (“Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Hashtag Sports, the Company owns and retains all rights in and to Company Content and the Company Services. The Company hereby grants you a limited, revocable, non-sublicensable license to access and display Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Website and using the Company Services. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, or otherwise use any Content appearing on or through the Company Services.
Except as expressly permitted by Hashtag Sports, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on any Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on Content or any digital rights management mechanism, device, or other content protection or access control measure associated with Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of Content unless authorized by Company. You may not build a business utilizing Content, whether or not for profit. Company reserves the right to remove any Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Company Services. Accordingly, please choose carefully the information that you post on, through or in connection with the Company Services. You understand that Hashtag Sports does not control the User Content posted by users via the Company Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable User Content. Hashtag Sports assumes no responsibility or liability for any User Content. If you become aware of misuse of the Company Services, please report this immediately to Hashtag Sports at email@example.com. Hashtag Sports assumes no responsibility for monitoring the Company Services for inappropriate User Content or conduct. If, at any time, Hashtag Sports chooses in its sole discretion to monitor the Company Services, the Company nonetheless assumes no responsibility for any User Content, assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user.
Your Property Rights
Hashtag Sports does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through, or in connection with the Company Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by Hashtag Sports or any Affiliated Company. By posting any User Content on, through, or in connection with the Company Services, you hereby grant to Hashtag Sports and our Affiliated Companies, licensees, and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through, or in connection with the Company Services or in connection with any distribution or syndication thereof to Third-Party Services (as defined below), on and through all media formats, now known or hereafter devised, for any and all purposes, including, but not limited to, promotional, marketing, trade, or commercial purposes. Hashtag Sports’ use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Hashtag Sports reserves the right to limit the storage capacity of User Content that you post on, through, or in connection with the Company Services. You represent and warrant that: (i) you own the User Content posted by you on, through, or in connection with the Company Services or otherwise have the right to grant the license set forth in this Section 9, and (ii) the posting of User Content by you on, through, or in connection with the Company Services and Third-Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Company Services or Third-Party Services. Without limiting the foregoing, ALL SUBMISSIONS WILL REQUIRE THE OWNER OR AUTHORIZED REPRESENTATIVE OF THE ELIGIBLE PROGRAM, INDIVIDUAL, OR ORGANIZATION TO AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE HASHTAG SPORTS AWARDS LICENSE AGREEMENT, AVAILABLE FOR REVIEW AT hashtagsports.com/license-agreement.
Copyrights and Other Intellectual Property
The Company Services (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Company Services are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Company Services. By posting content on the Company Services, a user is giving Hashtag Sports the right to display such content on the Company Services and its affiliated publications and to distribute such content and use such content for promotional and marketing purposes.
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Company Services, except that you may download material from this Company Services for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Company Services over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. (b) We are concerned about the integrity of our Company Services when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Company Services. Neither you nor any third party shall make use of the contents of the Company Services in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
You agree to indemnify and hold harmless Hashtag Sports and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
THIS COMPANY SERVICES IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THIS COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS COMPANY SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS COMPANY SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS COMPANY SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS COMPANY SERVICES OR AVAILABLE THOUGH LINKS IN THIS COMPANY SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS COMPANY SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS COMPANY SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THIS COMPANY SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS COMPANY SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS COMPANY SERVICES AND ANY MATERIALS AVAILABLE THROUGH THIS COMPANY SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. THIS COMPANY SERVICES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY HASHTAG SPORTS OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS COMPANY SERVICES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE COMPANY SERVICES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY HASHTAG SPORTS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
We are not responsible for the availability or content of other services that may be linked to the Company Services. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that Hashtag Sports shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
Hashtag Sports and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Company Services or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Company Services (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Company Services. This Agreement shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles.
Hashtag Sports and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service. This Agreement shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles.
BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
Last Updated: January 15, 2019