Terms and Conditions

Welcome

Spitter.com is a platform of team-specific sports communities. The Spitter service and network, available at www.Spitter.com (the “Site”) and on mobile devices are operated by Spitter, Inc.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using Spitter, you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use the Site. We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Service to determine if there have been changes to these Terms of Use and to review such changes.

FORUMS AND PUBLIC COMMUNICATION

Spitter combines aspects of chat, message boards, and email functions. When you participate at Spitter, you agree that you will not:
• defame, abuse, harass or threaten others;
• make any bigoted, hateful or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous or indecent language or images;
• advertise or sell to, or solicit others;
• use the Forum for commercial purposes of any kind;
• post or distribute any software or other materials which contain a virus or other harmful component; or
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

We may remove or edit content from Spitter at any time and for any reason and without any notice.

If you upload any materials to Spitter, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed anywhere. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating on Spitter, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained on Spitter may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Please keep in mind that whenever you give out personal information online that information can be collected and used by people you don't know. While Spitter strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

CONTENT LINKED TO or FROM SPITTER

When you are on Spitter, you could be click to or be directed to other sites that are beyond our control. There are links to other sites from Spitter pages that take you outside of our service. For example, if you click on a link in a post or if we ever have advertisements and you click on one, you may leave Spitter.com. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, if there are advertisers on Spitter, they may send cookies to users that we do not control.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from Spitter.com. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Spitter or third party content on our sites. We have not taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

We reserve the right to disable links from third party sites to Spitter.

Ownership and Attribution:

Spitter.com retains all ownership and other rights in the Spitter logos and trademarks used on Spitter.com.

DISCLAIMER

ALL CONTENT ON SPITTER.COM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON SPITTER.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SPITTER.COM OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SPITTER.COM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Access to and use of Spitter is through a combination of an ID and a password. You must keep your password strictly confidential. You may access your account personally from multiple computers, but sharing of account passwords with other persons is a violation of this agreement and may result in account termination.

Your right to use Spitter.com is subject to any limits established by Spitter, Inc. Spitter, Inc. may suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Spitter, Inc., hereunder.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, you should notify Spitter.com immediately of the problem to avoid possible liability for any unauthorized charges to your account.

Eligibility

You may use this Site is you are thirteen (13) years of age or older. Any registration by, use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 13 or older, and that you agree to and to abide by all of the terms and conditions of these Terms of Use.

Registration Data; Account Security

In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

You acknowledge that Spitter does not pre-screen or approve Content, but that Spitter shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service, in connection with violations of the letter or spirit of the Terms of Use or for any other reason.

User Content Posted on the Service

You are solely responsible for the Content that you post on or through the Service, or otherwise transmit to or share with other Users (collectively, the "User Content"). You may not post or share User Content on the Service that you did not create or that you do not have permission to post. You acknowledge that Spitter does not pre-screen or approve Content, but that Spitter shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any User Content that is available via the Service, in connection with violations of the letter or spirit of the Terms of Use or for any other reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or otherwise provide to the Company.

When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Please be advised that Spitter will not accept requests to remove User Content. Spitter does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Access to the Service

Spitter grants you a limited, revocable, nonexclusive license to access and use the Service and the Content for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Spitter in writing. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Spitter.

Proprietary Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work, and/or copying or reproducing the Content or any portion thereof to any other server or location for non-personal use is prohibited without the express written consent of Spitter.

User Conduct

You understand that except for advertising programs offered by us on the Service, the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no User Content of any kind posted through your account or otherwise shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; be in violation of any law or used in furtherance of any such violation; or contain libelous, defamatory or otherwise unlawful material.

Spitter Mobile Services

The Service will include certain services that are available via your mobile phone ("Mobile Services"). We will not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Once Mobile Services are available, you should check with your carrier to find out if the Mobile Services will work with your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Spitter account information to ensure that your messages are not sent to the person that acquires your old number.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold Spitter, Inc., and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SPITTER.COM OR MATERIALS OR FUNCTIONS THEREON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING SPITTER.COM.

RESTRICTIONS ON USE OF MATERIALS

All site-specific materials, trademarks, service marks, and trade names contained on Spitter.com are the copyrighted property of that site, or its subsidiaries or affiliated companies and/or third party licensors. All other materials, trademarks, service marks, and trade names are proprietary to Spitter, Inc. or its affiliates. No material from Spitter.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials for your personal, non-commercial use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Spitter.com Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all Spitter.com and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to Spitter.com may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms.

Governing Law; Venue and Jurisdiction

By visiting or using the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

Arbitration

YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose.