Welcome to mySportsMoment
We refer to ourselves, on this page as: “mySportsMoment”, “we”, “our”, or “us”. We refer to you as “you” or “your”.
These Terms of Service (“Terms”) govern our website located at https://mysportsmoment.com/ and any of websites that use our service, mobile apps, or social networking pages, profiles or emails that post a link to these Terms (collectively, the “Services”).
- While we have endeavoured to ensure the accuracy of information on the Services, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Services. The Services and the Content (as defined below) are provided “as is”, without any warranties of any kind unless specifically stated.
- We have no control over, or responsibility for, websites to which the Services is linked. Your use of such websites is at your sole risk.
- The Services contains, including but not limited to, text, technology, software, URLs, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other materials (“Content“) is protected by copyrights, trade marks and/or other intellectual property rights. The Content includes both Content owned or controlled by us and Content owned or controlled by third parties.
- No Content from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that we grant you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to download, display, view, use, play the Content on a personal computer, browser, laptop, tablet, mobile phone or other internet-enabled device. In this regard, you may print one copy of the Content as it is displayed to you for your personal, non-commercial use only, provided that: (i) you keep intact all copyrights and other proprietary notices, (ii) you do not reverse engineer or make any modifications to the Content or Services, (iii) you do not use the Content in a manner that suggests any association with any of our products, services, or brands or the products, services or brands of any other person, (iv) you do not harvest information from the Services, (v) you do not interfere with the proper operation of or any security measure used by the Content or Services, and (iv) you do not download any of the Content to a database that can be used to avoid future access to the Services for access to such downloaded materials. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
- All rights not expressly granted to you are reserved by us and our licensors and other third parties. No right or license may be construed, under any legal theory or industry custom. Any unauthorized use of any Content or the Services for any purpose is prohibited.
- The Services, amongst other things, may contain certain discussion forums, bulletin board services, chat areas and/or other message or communication facilities (collectively, “Communities“). Much of the Content of the Communities, including the Content within a specific message or posting, is provided by and is the responsibility of the person posting in that Communities. By their very nature, Communities may carry offensive, harmful, inaccurate or otherwise inappropriate material(s) or, in some cases, postings that have been mislabelled or are otherwise deceptive or misleading. We expect that you use caution and common sense and exercise proper judgment when using Communities. We have no responsibility for such Content and are merely providing access to such Content as a service to you.
- You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Communities. By way of example, you agree that when using the Communities, you will not:
- defame, abuse, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate or offer to do any inappropriate, defamatory, infringing, obscene, or unlawful material(s) or information or views, or any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- impersonate another person or entity;
- restrict or inhibit any other user from using and enjoying the Services.
- We do not control or endorse information posted in the Communities, and we have no obligation to monitor the Communities. Any reliance on material posted in the Communities will be at your own risk. We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, police or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in our sole discretion.
- Registration data.
If you opt to register for any portion of the Services, you agree to provide mySportsMoment with accurate, complete, and updated information to your account (“Account”). Failure to do so will constitute a breach of these Terms, which, in mySportsMoment’s sole discretion, may result in the immediate termination of your right to use the Account. You acknowledge and agree that mySportsMoment may rely on the contact information in your Account to send you important information and notices regarding your Account and the Services. You acknowledge and agree that mySportsMoment shall have no liability associated with or arising from your failure to maintain accurate information in your Account, including, but not limited to, your failure to receive critical information about the Services or your Account. You further agree that mySportsMoment is authorized to verify any information in your Account.
- Username and password.
- Children under the age of 18 are not permitted to use or register with the Services without parental supervision.
- Face recognition.
We use face recognition feature through self portraits that are uploaded from file or directly captured using a webcam as sample data to find and match with faces in the photo gallery provided by our event partners. Every photo file that sent to us will be converted into face tracking points and encrypted in AES-256 bit standard to ensure the security of your privacy.
- E-mails and push notifications.
You will receive the promotional and non-promotional communications (e-mails and/or push notifications) from us at any time. In this regard, you can opt out of receiving promotional communications from us at any time by follow the instructions as provided in e-mails to click the unsubscribe link on the footer. We do not provide unsubscribe link in non-promotional communications (such as important notification about your action in our Services) to ensure it will be delivered to you correctly.
Anything submitted by you to the Services may be used by mySportsMoment for any purpose, now or in the future, without any payment to, or further authorization by you. mySportsMoment also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your submission. You agree that your submissions will not: (i) promote any political or commercial purpose; (ii) defame, abuse, harass, stalk, or threaten others; (iii) use racially or ethnically offensive language; (iv) discuss or incite illegal activity; or (v) infringe any intellectual property or other right of any third party.
Representations and Warranties
You represent, warrant, and covenant that: (i) neither you nor any other person who uses your Account will use your Account to perform, suggest or encourage any fraudulent, illegal, untruthful or inappropriate activity, and (ii) that you and all other persons who use your Account will fully comply with these Terms.
You hereby agree to indemnify and defend mySportsMoment, its affiliated, sponsors, partners and all of its and their officers, directors, employees, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim or cause of action arising out of the use of (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Services or any use of the Services through your Account; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or other authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (vi) any misrepresentation made by you. You will, and will cause all other persons who use your Account to, cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder. You will not in any event settle any claim without the prior written consent of mySportsMoment.
We make no representation, warranty or endorsement as to the accuracy or reliability of any statement, advice, opinion, content, materials or information contained in, and/or displayed, uploaded, or distributed by or through the Services. You acknowledge that any reliance upon any such information will be at your sole risk. We will have the right, in our sole discretion, to enforce the Terms, or correct any errors or omissions in any portion of the Services, but we have no obligation or duty whatsoever to do so, including any obligation to monitor the Services for such errors or omissions or for violations of these Terms.
Limitation of Liability
mySportsMoment and its affiliated, sponsors, partners and all of its and their officers, directors, employees, owners, agents, information providers, licensors, and licensee shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or inability to use the Services or resulting from any information or Services obtained or messages received or transactions entered into through the Services or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damage for loss of profits, use data or other intangibles, even if we have been advised of the possibility of such damages.
- We reserve the right to terminate or restrict your access to the Services at any time, without notice for any reason whatsoever.
- If you are dissatisfied with the Services or any of the Content, your sole remedy is to discontinue use of the Services. In respect of fraud and of personal injury or death, we accept no liability to you.
- The Services is not directed at any person in any jurisdiction where for any reason the publication or availability of the Services Website is prohibited. Those in respect of whom such prohibitions apply must not access the Services. We do not represent that either the Services or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Services do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
- When you use Services, or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices, disclosures, and other communications.
- No waiver of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
- You may not modify these Terms. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder of the provisions contained herein and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us and you relating to the subject matter herein, superseding all prior oral or written agreements, and shall not be modified except as provided for herein.
- No consent or approval may be deemed to have been granted by mySportsMoment without being in writing and signed by an authorized officer of mySportsMoment.
- These Terms control the relationship between mySportsMoment and you. It does not create any third party beneficiary rights.
- mySportsMoment reserves the right to investigate and prosecute any suspected breaches of these Terms or the Services. mySportsMoment may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
Choice of Law and Forum
- These Terms are governed by the laws of Indonesia and the parties submit to the exclusive jurisdiction of the authorized Indonesia courts.
- NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or other forms of representative action.