Terms of Service

ZillionSports is a website connecting athletes with their passion for sports with a free basic service and paid upgrades for additional features. We may partner with affiliates, product advertisers, and other companies that may have interest to our viewers. You have the ability to add information to your listings in order to provide information about your services to viewers. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (things like spam, viruses, vulgar language, disrespect, or serious threats of violence) appear on your site or get linked to or from your site as ZillionSports has the right to remove your content without notice at anytime.

 

If you find a ZillionSports listing that you believe violates our terms of service, please visit our contact page to notify us.

 

The following terms and conditions govern all use of the ZillionSports website and all content, services, and products available at or through the website. ZillionSports is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by ZillionSports.
Please read this Agreement carefully before accessing or using ZillionSports. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access ZillionSports or use any services. If these terms and conditions are considered an offer by ZillionSports, acceptance is expressly limited to these terms.

 

ZillionSports is not directed to children younger than 13, and service on the website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

 

If you create a listing on ZillionSports, you are responsible for maintaining the security of your account and information, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the listing(s). You must not describe or assign keywords to your listing in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ZillionSports may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ZillionSports liability. You must immediately notify ZillionSports of any unauthorized uses of your listing, your account or any other breaches of security. ZillionSports will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.

If you create a listing, comment on a listing, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the these guidelines.
By submitting Content to ZillionSports for inclusion on your Website, you grant ZillionSports a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your listing. This license allows ZillionSports to make publicly-posted content available to third parties selected by us so that these third parties can analyze and distribute (but not publicly display) your content through their services.

You also give other ZillionSports users permission to share your Content on other websites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your listing and they give you credit as the original author by linking back to your listing.  If you delete Content, ZillionSports will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, ZillionSports has the right (though not the obligation) to, in ZillionSports sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any ZillionSports policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in ZillionSports sole discretion. ZillionSports will have no obligation to provide a refund of any amounts previously paid.

 

Payment and Renewal.
General Terms.
Optional paid services are available for additional features and by selecting this option you agree to pay ZillionSports the monthly, annual, or other subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for additional services and will cover the use of that service for a monthly, annual, or other subscription period as indicated and are not refundable.

Automatic Renewal.
Unless you notify ZillionSports before the end of the applicable subscription period that you want to cancel additional services, your subscription will automatically renew and you authorize us to collect the then-applicable annual, monthly, or other previously requested subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism that we have on record for you. Additional services can be canceled at any time on your listing dashboard.

 

Restricted Use.
You may not use the ZillionSports website to substantially replicate products or services offered by ZillionSports, including the republication of ZillionSports content or the creation of a separate publishing platform. If ZillionSports believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the ZillionSports may be temporarily or permanently revoked, with or without notice.

 

Responsibility of Website Visitors.
ZillionSports has not reviewed, and cannot review, all of the material, including computer software, posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, ZillionSports does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ZillionSports disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.

 

Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ZillionSports links, and that link to ZillionSports. ZillionSports does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-ZillionSports website or webpage, ZillionSports does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ZillionSports disclaims any responsibility for any harm resulting from your use of non-ZillionSports websites and webpages.

 

Copyright Infringement and DMCA Policy.
As ZillionSports asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ZillionSports violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy. ZillionSports will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ZillionSports will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ZillionSports or others. In the case of such termination, ZillionSports will have no obligation to provide a refund of any amounts previously paid to ZillionSports.

 

Intellectual Property.
This Agreement does not transfer from ZillionSports to you any ZillionSports or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ZillionSports, and all other trademarks, service marks, graphics and logos used in connection with ZillionSports, or the website are trademarks or registered trademarks of ZillionSports or ZillionSports’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ZillionSports or third-party trademarks.

 

Advertisements.
ZillionSports reserves the right to display advertisements on your listing.

 

Attribution.
ZillionSports reserves the right to display attribution links, theme author, and font attribution in your listing.

 

Changes.
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using ZillionSports within the designated notice period. Your continued use of ZillionSports will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

 

Termination.
ZillionSports may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ZillionSports account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties.
The Website is provided “as is”. ZillionSports and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties for a particular purpose and non-infringement. Neither ZillionSports nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

Limitation of Liability.
In no event will ZillionSports, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts under this agreement.

ZillionSports shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the ZillionSports Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification.
You agree to indemnify and hold harmless ZillionSports, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

Translation.
These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

 

Miscellaneous.
This Agreement constitutes the entire agreement between ZillionSports and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ZillionSports, or by the posting by ZillionSports of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Williamson County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Williamson County, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ZillionSports may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

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Terms of Service Change Log