Terms of Service

Last Modified: October 3, 2017

Welcome to Sports Business Chronicle! These Terms of Service are a legal contract between Sports Business Chronicle, LLC (“SBC”, “us”, “we” or “our”) and you (referred to as “you”, “your” or “user”), as user of SBC’s website located at http://sportsbusinesschronicle.com/ (collectively with any of SBC’s other content, the “Site”). Please let us know if you have any questions about this document.

  1. OUR VALUES AT SPORTS BUSINESS CHRONICLE

SBC is a new age digital media company covering the sports business industry. Our core purpose at SBC is to provide engaging and original sports business content to readers. To that end, we have put together these terms that we feel best reflects our company values and guiding principals. The current laws and the nature of our business require that we protect you and us from liabilities and clearly lay out the terms of our agreement and relationship. These Terms of Service and our Privacy Policy are, together, an important part of using our Site. If you would like to use them you must completely agree to our Terms of Service in order to benefit from such use.

  1. PRELIMINARY LEGAL TERMS.
  1. “Signing” of Agreement. You “sign” and accept this Agreement by: (a) clicking “Agree” at the bottom of this Agreement, or (b) accessing the Site. By agreeing to our terms, you signify that you have read, understood, and agree to be bound by this Agreement.
  2. Entire Agreement. The entire agreement between SBC and you is made up of these Terms of Service and SBC’s Privacy Policy, and any other terms of use accompanying our Site (collectively, the “Agreement”).  This Agreement may be updated and modified by SBC from time to time.  Those modifications are incorporated as part of this Agreement. You will be notified of significant modifications when you visit the Site or access your account. If you do not accept the modifications to the Agreement, your sole remedy is not to use the SBC’s Site.
  3. Age. You must be at least eighteen (18) years of age to enter into a contract with SBC.  In no case are persons under the age of thirteen (13) years permitted to use the Site.

C. YOUR ACCOUNT; PAYMENT.

  1. Creation of Your Account.
    1. When you create an account (an “Account”) and use the Site, you generate or provide us with information (the “Content”). You promise that (i) you will be the only person using your account, providing Content and engaging in transactions through that account, (ii) you will keep your password secure, and (iii) you will notify SBC of any suspected breach of security or unauthorized use of your Account. If you wish to delete your Account, please contact SBC at mark@sportsbusinesschronicle.com.   
    2. Certain information is required by SBC in order for you to establish an account, including your name, email address, and payment information. Other information is optional and you are not required to provide it. You represent and warrant that all of the information, including any payment information, you provide SBC is accurate and complete.
    3. Your account is not transferable or sublicensable to third parties.  You obtain no ownership rights in the Site by creating an Account. Instead, you are given a license to use our Site according to the terms of this Agreement and our other policies.
    4. By including your email address in your Account information, you consent to our use of such contact information in order to provide Site-related notices, including any notices required by law. SBC may also use the email address to communicate changes to this Agreement or as we otherwise deem necessary to administer the Site. You may opt out of such communications on your Account preference page but opting out of our ability to communicate with you by email may prevent you from receiving important communications from SBC, including updates to this Agreement or Site functionality.
  1. Payment. 
    1. Our Site contains certain content that has been created by us or third parties for your personal review and enjoyment. In order to maintain the Site and SBC’s business, you agree to the payment terms below in exchange for your access to the Site.
    2. Billing Policies. Certain aspects of the Site may be provided for a fee or other charge.  SBC may add new services or charges or change fees or costs associated with the Site, at any time in SBC’s sole discretion.  Any change to SBC’s pricing or payment terms shall become effective in the billing cycle following notice of such change, which may be via email or through a notice on the Site.
    3. ChargesAny charges for your Account’s use of the Site are fully earned upon payment.  If you do not pay any fee due and payable to us when due or SBC is unable to process your payment using the payment information provided, SBC reserves the right to revoke, suspend or terminate your access to your Account or the Site.
    4. Payment Method. SBC accepts payments in various forms.  Acceptance of these terms constitutes your permission that SBC may charge your selected payment method. You are responsible for all payments and all payment information submitted through your Account. You are also responsible to update your payment information if it should change. 
    5. No Refunds. You may cancel your Account at any time; however, there are no refunds for cancellation, even if you cancel before the end of your payment or billing cycle. We will make your Account accessible for the remainder of your payment or billing cycle. If your Account or access to the Site is terminated or suspended due to breach of this Agreement, you understand and agree that you shall receive no refund of any fees or payments or any kind.
    6. TaxesYou agree to pay any applicable taxes for any purchases or transactions contemplated by any use of the Site under your Account.
  2. Suspension of Account and Site Access. Use of the Site is a privilege and not a right. SBC may suspend or deactivate your account or limit or disable access to the Site, as set forth in Section 7.
  3. Content & Your Use.   
    1. You are solely responsible for use of your Account and the Site. The Content will be stored using Leaky Paywall and this license is subject to agreements we have with Leaky Paywall. With respect to the Content, you represent and warrant:
      1. The Content is your data and you own all rights in all Content.
      2. Your Content does not contain personally identifiable information about a child under the age of thirteen (13) years.
      3. It does not disseminate another person’s personal information without his or her permission.
      4. It does not result from unlawful activities.
      5. You will not transmit any malicious or unsolicited software to us or otherwise interfere with SBC’s operations.
      6. You will not copy, modify, loan or otherwise distribute any right to Site without our prior written consent.
      7. You will not share your Account or other information in order to facilitate a third party’s use of the Site without appropriate registration.
      8. viii.You will not monetize Site content without our express written permission.
      9. Accounts are for individuals only and you agree not to share accounts with multiple people or entities. 

If you take any of the above actions or breach any of the above restrictions in contravention of the warranty you made, we can terminate or suspend your use of the Site in our sole discretion. SBC will not be liable for any losses, charges or fees related to any unauthorized use of your Account.

  1. License to Use Your Content; Release. 
    1. SBC and its affiliates may use the information provided by you or in connection with your use of the Site as set forth in this Agreement. Data we gather from your use of the Site or creation of an Account grants SBC a non-exclusive, fully-paid, perpetual, royalty-free, world-wide, transferable license to display, distribute, store, transmit, reproduce, modify and otherwise use and reuse all or part of your Content. By way of example, if a SBC customer, potential customer, or strategic partner (“Client”) is interested in access to or license of Content, SBC may provide to such Client the information that SBC has collected if such information is aggregated and stripped of identifiers that would allow them to specifically identify you.  SBC is also permitted to use your Content or derivatives thereof for marketing purposes. This grant is for all formats, platforms, devices, modes of transmission, methods of delivery, and media now known or later developed. 
    2. You may terminate the license you have granted to SBC by removing or deleting (or writing to SBC to remove or delete) your Content. Copies of your Content may remain on our or our third party service provider’s servers until such time as the Content is overwritten or otherwise deleted.
    3. The contributors of content, including you and your Content, retain ownership of their intellectual property rights of such content. Further, SBC retains ownership of its trademarks and copyrights, as do SBC Clients and Users. Nothing in this Agreement transfers ownership of such rights. 

D. CONDUCT AND ACTIVITY AT THE SITE.

  1. No License to Use Content Provided by Other Users. Unless expressly authorized by us in writing, you are not granted permission to copy, frame, embed, or otherwise disseminate aggregated or specific content, including any articles, that SBC provides to you. Your use of the Site is solely for your personal use in conformity with the restrictions in Section 7 above.
  1. SBC Intellectual Property. SBC and/or its licensors retain ownership of all intellectual property rights relating to SBC and the Site, including software, text, images, graphics, logos, user interface, videos, and other information displayed through the Site.  You are authorized to use SBC materials only as expressly authorized at the point of interacting with of such materials.   
  2. Integrity of the Site. You agree not to take any action to harm the SBC, interfere with its operation, access its underlying technology, copy its underlying technology, or copy Content. You agree not to use any automated system (crawlers, robots, bots, spiders, extractors, etc.) at the Site; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site. You agree not to use the Site or information gathered at the Site for advertising purposes, or to send unsolicited communications. In your use of the Site, including the access of Content by any Site, you agree to comply with all applicable laws. 
  3. Third Parties. The Site may contain links to third party websites that are not owned or controlled by SBC.  SBC does not control the content, privacy policies, or practices of any third party websites or applications so please review the terms of service, including privacy policies, of such third-parties. SBC is not responsible for your use or misuse of any third party applications or websites.

E. NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION.

  1. NO WARRANTY. 
    1. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SBC OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SBC, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE INFORMATION CONTAINED ON THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  
    2. ANY CONTENT OBTAINED THROUGH USE OF THE SITE IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
  1. Limitation of Liability for Damages. 
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SBC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE.  
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SBC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VI) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.
    3. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    4. As used in this section, “SBC” includes SBC, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and clients.
    5. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF SPORTS BUSINESS CHRONICLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CLIENTS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
    6. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
  2. Indemnification; Cooperation.   
    1. You acknowledge that your account with SBC and your use of the Site is based upon the truth of the promises, statements, and representations made by you in this Agreement, including the terms of Sections 5 and 7, above. By signing this Agreement and using the Site, you indemnify, hold harmless, and agree to defend SBC against all damages, losses, judgments, penalties, expenses, costs, and fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against SBC in connection with any third party (including domestic or foreign governments or agencies) assertion inconsistent with the promises, statements, representations, and warranties. This obligation extends to SBC, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and Clients. This obligation survives termination of this Agreement.
    2. In addition to the obligation of indemnification, above, you agree to use your best efforts to assist SBC in the investigation and resolution of any third party claim or assertion in consistent with your representations and warranties. You agree to provide such assistance promptly upon receipt of notice from SBC of such claim or assertion and at no charge. 
  3. Termination of Services; Termination of Agreement.
    1. In the exercise of its discretion, SBC may suspend or terminate an account, remove or limit access to Content or the Site. SBC may take such actions with or without prior notice to you and without liability to you. In the event of a breach of this Agreement, SBC may immediately terminate your access to the Site.
    2. In the exercise of your discretion, you may terminate your account, cease using the Site or delete Account information. You may take such actions with or without prior notice to SBC and without any liability for such cancellation to SBC. This is your sole remedy in the event you are dissatisfied with SBC or the Site.
    3. The terms of Sections 5 to 15 shall survive termination of this Agreement.

F. GENERAL LEGAL TERMS.

  1. The Site is Located in and Delivered from New York. This Agreement is executed (signed) and performed in Jamaica, New York. You agree that the Site are based in and provided from, Jamaica, New York, USA. The Site shall be deemed a passive website that does not give rise to personal jurisdiction over SBC, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.  Any claim or dispute between you and SBC that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Jamaica, New York.
  1. No Implied Waiver. No waiver by SBC shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of SBC.
  2. Severability.  If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
  3. Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) years after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
  4. International Considerations. SBC makes no representations that the Site is appropriate or available for use in locations other than the United States. Those who access or use the Site from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws. 
  5. Assignment. SBC may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party.  You may not assign or transfer your account.
  6. Notices. The Site is offered by Sports Business Chronicle, LLC, located at 10943 142nd Street, Jamaica, New York, 11435 and email: mark@sportsbusinesschronicle.com. SBC may provide you with notices, including those regarding changes to SBC’s Terms of Use, by email, first class mail, or postings to the Site. Notice is deemed given upon the earlier of (i) actual receipt, (ii) twenty-four (24) hours after an email is sent, (iii) three (3) days after first class mail is deposited with the U.S. Postal Service, or (iv) thirty (30) days after a notice is posted to the Site.
  7. Entire Agreement. This Agreement is the entire agreement between you and SBC relating to the stated subject matter. It can be modified by the parties in a writing signed by both parties, or by a change to these terms as expressly set forth in this Agreement.
  8. Nature of Agreement.  No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement does not create any right that may be enforced by a third party.
  9. California Users and Residents. By the terms of California Civil Code Section 1789.3, any and all comments, questions or concerns can be addressed and sent to us via certified mail to: SBC. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA.