The Sporting News Terms of Use

1. Introduction

Welcome and thank you for visiting The Sporting News (“SN”). These terms and conditions (the “Terms”) apply to your access to and use of the SN website and any related mobile software applications (the “Site”). In addition, they apply to other related agreements and policies, including without limitation the Privacy Policy, referenced herein (collectively, the “Agreement”).

Any references within the Agreement to SN, include, but are not limited to, the following entities:

Sporting News Holdings Limited
Sporting News Enterprises UK Limited
Sporting Media USA Inc.
Sporting News Argentina S.A.
Sporting News Japan GK
Sporting News (Australia) Pty. Ltd.

The Terms govern your use of this Site. By accessing, viewing, or using the content, material or services available on or through the Site, you indicate that you have read and understand the Terms, and that you 1) agree to them and 2) intend to be legally bound by them. Moreover, you are entering into a legally binding agreement governed by the Terms and the Agreement.

SN reserves the right to modify the Terms from time to time. If we make material changes to the Terms, we will try to notify you using contact information in your Account, by posting a temporary notice on the homepage of the Site or taking any other measure the law may require.

Use of the Site will always remain subject to the current version of the Terms, so please review them regularly to ensure you remain aware of the current Agreement. If you do not agree with anything in the Agreement, stop using the Site immediately.

SN owns or licenses all materials contained on the Site, including the data, text, graphics, images, forms, artwork, sound recording, audio, video, software and other material for the Site (the “Content”). In addition, SN owns or licenses the look and feel of the Site, including all trademarks and the selection, coordination, arrangement, and organization of the Content for the Site.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Propriety Materials or any other aspect of the Site (including the Content), unless specifically stated otherwise.

Subject to the terms of the Agreement, you are granted a limited, personal, non-exclusive, non-transferable, non-assignable, and revocable license to access and use the Site and the Content.

SN makes great efforts to provide accurate information on the Site. However, SN disclaims, and you release SN from any liability regarding, errors, inaccuracies, and omissions of the Site. SN reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. SN makes no guarantees as to the completeness, timeliness, correctness, or accuracy of the materials or Our Content available through the Site.

Please note, all betting content on the Site is intended for individuals 21 or older in the United States, or the applicable legal gambling age in the territory from which the user is operating the site. Moreover, all betting content is being provided for educational purposes only.

The Site encourages responsible gambling. If you or someone you know has a gambling problem, call 1-800-GAMBLER in the United States. For additional information or resources relating to problems with gambling, please visit NCPG and/or National Center for Responsible Gaming.

We understand that you want to keep your information private and that you value our emphasis on keeping your information safe and discreet. As a result, we provide a Privacy Policy, which details the ways in which we collect, use and disclose personal information from users of the Site.

You, as a user, agree to use the Site only for lawful purposes and always in compliance with the Agreement. Without limiting anything else above, specific prohibited activities include, but are not limited to:

Depicting, encouraging or partaking in criminal or tortious activity, including fraud, obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, stalking, spamming, sending viruses or other harmful files;
Depicting, encouraging or partaking in dangerous activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
Using any information obtained from the Site in order to harass, abuse or harm another person, whether a user or a contributor;
Using the Site in a Commercial manner, unless specifically and explicitly allowed by SN in prior written consent;
Posting, uploading or sharing content that violates or constitutes copyright infringement, patent infringement, or theft of trade secrets;
Damaging or infringing the rights of third parties in any way, including infringing on any third party’s intellectual property or privacy rights;
Using users’ contact information for marketing purposes;
Attempting to impersonate another user or person;
Collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
Using the account, username, or password of another account holder at any time or disclosing your password to a third party or permitting any third party to access your account;
Accessing or using any password-protected, secure, or non-public areas of the Site, or accessing data on the Site not intended for you;
Using any material or Content from the Site, including without limitation any statistics or data to (i) create any database, archive, or other data store that competes with or constitutes a material substitute for the services or data stores offered on the Site or by the Site’s Data Providers or (ii) provide any service that competes with or constitutes a material substitute for the services or data stores offered on the Site or by the Site’s Data Providers;
Using or copying any material or Content from the Site, including without limitation any statistics, data, text, graphics, or images, for purposes of training, fine-tuning, prompting, or instructing artificial intelligence models or machine learning tools in any manner, including without limitation for purposes of (i) generating answers, text, scores, statistics, notes, graphics, images, or any other output; or (ii) supporting machine learning methods used to predict, classify, label or score inputs into the models;
Duplicating, downloading, copying, reproducing, framing, mirroring, modifying, transmitting, performing, broadcasting, rebroadcasting, publishing, selling, creating derivatives of, translating, distributing, or redistributing the Site, unless specifically and explicitly allowed by SN in a prior written consent;
Altering, modifying, decompiling, disassembling, reverse engineering or otherwise attempting to discover or to learn information regarding the Site, its Content, source code, and/or structure;
Any automatic use, including use of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology which is intended or designed to gather information from the Site, or to extract data from the site or adversely impacts Site performance or access, including without limitation Bots, Scrapers, Data Miners or similar software;
Uploading of any sort of malware, spyware or other malicious code;
Attempting to circumvent, disable or interfere with security-related features of the Site that prevent or restrict use;
Damaging, disabling, impairing, interfering or flooding the Site.

This Site contains links to other websites for the conveniance of users in locating information, products or services that may be of interest. SN has no control over nor does SN take any responsibility for any third party website’s content, information, links, accuracy and completeness of information, and quality of products or services made available or advertised. By using the Site, you hereby agree that SN shall not be responsible for any damage, claim or liability in connection with your use of any third party sites. You acknowledge and agree that SN provides access to such third party sites without any warranties, representations or conditions of any kind. SN does not control, endorse, promote, or have any affiliation with any other website unless expressly stated herein.

THE SITE AND OUR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SN DISCLAIM’S IMPLIED WARRANTIES, SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULOR PURPOSE. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

ANY AND ALL INFORMATION PROVIDED BY SN OR UNDER OR IN CONNECTION WITH THE SITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. SN MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY MATERIAL OR OUR CONTENT DISPLAYED ON OR OFFERED THROUGH THE SITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. SN ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE.

SN shall not be liable for any indirect, incidental, special or consequential damages arising from the use of the Site or the purchase of any product therefrom, even if SN has been advised of the possibility of such damages.

Under no circumstances will SN be liable to you for more than the greater of (i) $100 or (ii) the amount you have paid SN in the six (6) month period preceding the date your claim arose.

Some jurisdictions do not permit the exclusion or limitation of liability of certain damages. These limitations apply only to the extent they are not prohibited by law. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.

You agree to indemnify, defend and hold harmless SN, its affiliates, officers, employees, directors, contractors, agents, and service providers from against any losses, liabilities, expenses, and damages, including reasonable attorneys’ fees, resulting from your use of the Site and any violation of the Terms. SN reserves the right, at our discretion, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.

If you believe that SN or any user of the Site has infringed your copyright, email us at legal@tsn.com and provide the following information:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyright work claimed to have been infringed;
A detailed description of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material, including the URL or other description of where the infringing material appears;
Name, mailing address, telephone number, and email address of the complaining party;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information above is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright allegedly infringed.

You understand, acknowledge, and agree that SN may terminate your access to the Site at our sole discretion, at any time, with or without reason or notice to you and without any liability on SN’s part for such termination.

Regardless of above, SN reserves the right to terminate your access to the Site if we reasonably believe that you have violated the Terms or the Agreement. Where relevant, you will remain liable for all amounts due up to and including the date of termination.

SN and our affiliates, subsidiaries, licensors and subcontractors reserve and retain any and all rights, claims, titles and interests in and to any and all intellectual property on the Site, including without limitation, in copyrighted works, trademarks, service marks, trade secrets, ideas, inventions, utility models, designs, patents, software and other intellectual property, all registered or not, contained on the Site. You do not acquire any right, title, interest or claim in any part of the Site as a result of your use of the Site or any part thereof.

Please note that the Site is operated by us and our service providers, and does not constitute as the official website or app for third parties mentioned in the Content, and generally the Site is not officially sponsored or endorsed by such third parties. As such, all of such third parties’ intellectual property, including trademarks, names, logos and designs, used on the Site belong to their respective owners, and no claims are made to the intellectual property rights belonging to them.

In addition, some of the Content may feature links to third party products and/or services offered on third party sites via business partners with which SN is affiliated. The third party affiliates are connected to many retailers and publishers, which offer their products and/or services via the Affiliate Links, and SN may earn a certain commission when a user clicks on such a link and/or purchases such a product and/or uses such services. Please assume that any time you click on an Affiliate Link this may lead to us earning a commission.

YOU AND SN AGREE TO WAIVE CLASS ACTION PROCEDURES

Neither you nor SN will seek to have a dispute heard as a class action. You and SN agree not to, and expressly waive any right to, file a class action or seek relief on a class basis.

SN intends to resolve all disputes that may arise between it and its users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. To that end, you agree to the following dispute resolution procedure outlined below.

In the event of a dispute, you and SN agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the dispute informally. The claiming party must send to the other party a notice of a dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of a dispute to Sporting Media USA Inc., 436 East 36th Street, Charlotte, NC 28205. We will send any notice of a dispute to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your SN account.

You and SN will attempt to resolve a dispute through informal negotiation within sixty (60) days beginning from the date the notice of a dispute is sent. This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and SN (the “Negotiation”). If you are represented by counsel, your counsel may participate in the Negotiation, but you will also need to individually participate. SN will participate in the Negotiation through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Negotiation with respect to a claim, either party may seek to mediate the dispute with a neutral third party. Neither party shall seek further legal action unless such mediation fails to achieve a resolution acceptable to both parties.

The Agreement shall be exclusively governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any dispute arising out of or related to the Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and you hereby consent to the personal jurisdiction and venue of such courts.

If a provision of the Agreement is deemed to be unlawful and/or enforceable, the validity of the rest of the Agreement shall remain unaffected. In addition, if any part of the Agreement is deemed to be unlawful and/or enforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Any non-English version of the Terms will only be published as a matter of translation. In case of any inconsistencies or conflict between the English and non-English version of the Terms, the English version shall always prevail.

If you have any questions or concerns about the Terms, please contact us at legal@tsn.com.