1. Acceptance of Terms
- Welcome to Tellasport! We're thrilled to provide you with a dynamic social network designed for sports enthusiasts. This includes our website, located at www.tellasport.com (the "Site"), and our corresponding mobile application. Our offerings encompass a variety of content, such as text, images, audio, code, and more (collectively known as the “Content”), along with a range of features and services provided through the Site and app.
- Before diving into the excitement, it's essential to review and understand the following Terms of Use (referred to as the “Terms”). By accessing or utilizing our Services, or by clicking to accept or agree to these Terms where prompted, you signify your agreement to:
- 1. Accept and abide by these Terms.
- 2. Consent to the collection, use, disclosure, and handling of information as outlined in our Privacy Policy (accessible online at https://Tellasport.com).
- 3. Adhere to any additional terms, rules, and conditions of participation that Tellasport may introduce periodically.
- Should you disagree with any aspect of these Terms, kindly refrain from accessing or utilizing the Content or Services.
2. Modification of Terms of Use
- Except for Section 15, which pertains to binding arbitration and waiver of class action rights, Tellasport reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. It is your responsibility to review and become familiar with any such modifications. In the event of a material revision to the Terms, as determined solely by us, we will notify you via the email address associated with your account. Your continued use of the Services following any modification to the Terms constitutes your acceptance of the modified Terms of Use.
3. Eligibility
- By using our Services, you represent and warrant that you are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties outlined in these terms. Specifically:
- You agree to abide by these Terms of Use and any other agreements between you and Tellasport regarding your use of the Service. Failure to meet the eligibility requirements outlined in this section will result in the termination of your authorization to use the Service.
4. Conditions of Participation
4.1 Registration
- To participate in a contest on the Service, you must register for an account. By registering, you agree to provide accurate, current, and complete information about yourself (referred to as the “Registration Data”), and to promptly update this information to maintain its accuracy. Tellasport reserves the right to deny access to areas requiring registration or terminate your account if the provided information is inaccurate, not current, or incomplete.
4.2 Account Security
- Upon registration for online account access, you must provide a valid email address and create a Username and Password. Your Username must not promote commercial ventures or contain offensive content, as determined solely by Tellasport. You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities associated with your account. Notify Tellasport immediately of any unauthorized account access or security breaches. Tellasport may, at its discretion, deny access or block transactions made using your account without prior notice if unauthorized use is suspected.
4.3 Communications and Information Practices
- By registering for the Service, you may receive commercial communications from Tellasport. You have the option to opt out of receiving these communications using the provided unsubscribe functionality. However, we may still communicate with you via email as permitted by applicable law.
4.4 Disqualification and Service Modifications
- Tellasport reserves the right to disqualify, suspend, limit, or terminate your account if your conduct is deemed improper, unfair, fraudulent, or detrimental to the operation of the Service or other users. Improper conduct includes, but is not limited to, falsifying personal information, violating the rules, tampering with the Service, or abusing the Service. In the event of unforeseen circumstances affecting the Service's operation, Tellasport may cancel, terminate, modify, or suspend the Service at its sole discretion. Such actions will be communicated via notification on the Site.
5. Service and Chats
5.1 Service
- Tellasport provides a platform for users to send and receive messages and images publicly and in private chats.
5.2 Private Chats
- Tellasport facilitates direct messaging between users, allowing for easy exchange of messages.
6. Conduct
- As a condition of use, you agree not to employ the Services for unlawful or prohibited purposes. If you share content on the Service, you are solely responsible for its legality and any resultant harm.
(ii) Using automated systems to access the Service excessively.
(iii) Interfering with the proper functioning of the Service.
(iv) Transmitting spam or unsolicited emails.
(v) Attempting to compromise system security.
(vi) Uploading malicious software.
(vii) Harvesting personal information.
(viii) Using the Service for commercial solicitation.
(ix) Impersonating others or conducting fraud.
(x) Interfering with Service operations.
(xi) Accessing content through unauthorized means.
(xii) Using artificial means to inflate standings on leaderboards.
(xiii) Advertising or soliciting without explicit consent.
(xiv) Transferring profiles.
7. Violation of Rules and User Content
- Violation of our rules may result in the removal of your Content from the Service and/or the cancellation of your account. You acknowledge and agree that Tellasport reserves the right to remove any User Content and terminate any Tellasport account at any time for any reason, including upon receipt of claims or allegations relating to such User Content. To report violations, please email [email protected].
8. User Content
- You understand that all Content made available on the Service by a user (“User Content”), including profile information and communications, is the sole responsibility of the user. You are entirely responsible for all User Content you upload, post, share, or otherwise make available via the Service. Tellasport may pre-screen User Content but reserves the right to refuse, delete, modify, and move any User Content that violates these Terms or is otherwise objectionable. You acknowledge and agree to evaluate and bear all risks associated with the use or disclosure of any User Content. By using the Service, you grant Tellasport a license to use, distribute, reproduce, modify, and publicly display User Content.
9. Interactions and Disputes
- You are solely responsible for your interactions with other users of the Service. Tellasport reserves the right to monitor disputes between users but has no obligation to do so.
10. Indemnity
- You agree to indemnify, defend, and hold harmless Tellasport and its affiliates from any losses, liabilities, expenses, damages, or claims arising from your use of the Software and/or Service, your violation of these Terms, or any acts or omissions that implicate publicity rights, defamation, or invasion of privacy.
11. Warranty Disclaimers
- The Software and Service are provided on an "as is" and "as available" basis. Tellasport and its affiliates disclaim all warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Tellasport does not guarantee the accuracy, completeness, or usefulness of the Service, and you rely on it at your own risk.
12. Limitation on Liability
- Tellasport and its affiliates will not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from your use of the Software or Service. Tellasport's total liability, regardless of the forum or basis of any action or claim, will not exceed the total amount paid by you to Tellasport for the Software or Service or $50, whichever is greater.
13. Our Proprietary Rights
- All title, ownership, and intellectual property rights in the Service are owned by Tellasport or its licensors. You agree not to copy, modify, sell, distribute, or create derivative works based on the Service without Tellasport's authorization.
14. Links
- Tellasport is not responsible for the content of external sites linked to the Service. You acknowledge and agree that Tellasport shall not be liable for any damage or loss caused by or in connection with the use of such content.
15. Termination and Suspension
- Tellasport may terminate or suspend the Service and your Tellasport account without prior notice or liability. Upon termination, your right to use the Service will cease. Certain provisions of the Terms will survive termination, including Conditions of Participation, Conduct, Indemnity, Warranty Disclaimers, Limitation on Liability, Our Proprietary Rights, Links, and Termination.
16. No Third Party Beneficiaries
- There shall be no third-party beneficiaries to the Terms.
Application License
- You are granted a limited, non-exclusive, non-transferable license to use the app for personal use. Tellasport reserves all rights not expressly granted to you.
Content
- Content transmitted through the Service is not representative of Tellasport's opinions. Links transmitted in group chats or publicly are not endorsed by or affiliated with Tellasport. The Terms govern all use of the Service.
16.1 Content Licensing
- By using Tellasport and submitting Content publically, direct messages to users, or a group chat, you grant Tellasport a worldwide, royalty-free, perpetual, fully sublicensable, and non-exclusive license to reproduce, modify, adapt, and publish the Content in connection with the Service. Without limiting any of those representations or warranties, Tellasport has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in Tellasport's opinion, violates any Tellasport policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Tellasport's sole discretion. This may include modifying or stopping the Service in its entirety.
17. General Information
17.1 Entire Agreement
- These Terms constitute the entire agreement between Tellasport and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Tellasport, or by the posting by Tellasport of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise authorized.
17.2 Waiver and Severability of Terms
- The failure of Tellasport to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Suppose any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid. In that case, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
17.3 Statute of Limitations
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) week after such claim or cause of action arose or be forever barred.
17.4 Section Titles
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
17.5 Communications
- Users with questions, complaints, or claims concerning the Service may contact us using the relevant contact information set forth above or send an email to [email protected].