Terms and Conditions of use
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the SportsBrick.com Platform.
1. Rights in Content
- SportsBrick.com allows you to submit any Content either by directly uploading from any of your computer, tablet or mobile devices or by directly transferring through any of the various third party social networking platforms, including but not limited to Facebook, Instagram, Twitter, Google+. SportsBrick.com reserves the right to add or delete any of the social networking platforms through which you can submit Content to the SportsBrick.com platform. SportsBrick.com will authenticate your account on the third party social networking platform before you can submit your Content to SportsBrick.com, and in doing so will comply with any policies or guidelines provided by such third party social networking platforms.
- By submitting any Content to SportsBrick.com, you grant to SportsBrick.com and the users of the SportsBrick.com Platform a non-exclusive, royalty-free, transferrable, sub licensable, worldwide license to use, store, display, reproduce, share, re-share, modify, create derivative works, perform, and distribute your Content on SportsBrick.com solely for the purpose of operating, developing, providing, and using the SportsBrick.com Platform. Nothing in these Terms shall restrict other legal rights SportsBrick.com may have to your Content, for example under other licenses. We reserve the right to remove or modify any of your Content for any reason, including Content that we believe violates these Terms or our policies. You also give permission to SportsBrick.com to add, modify or remove information related to your Content in order to manage and license such Content if required, in accordance with applicable laws.
- You are granting SportsBrick.com the non-exclusive right to license and use your submitted Content.
- You grant SportsBrick.com a worldwide, non-exclusive right to use your name, display name, and other information capable of identifying you (Personal Information) and Content in connection with SportsBrick.com's marketing and promotional activities without the payment of any compensation to you. SportsBrick.com, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you. Such Personal Information may be extracted from your accounts on various third party social networking platforms after obtaining your due consent.
2. Ownership of Content
- The copyrights in all Content remain with the copyright owner, and nothing in the Terms shall be construed as a transfer of copyright to SportsBrick.com. However, by submitting Content to SportsBrick.com, you expressly waive any artists' authorship rights or any moral rights that you would otherwise have under the applicable laws, so that any user of SportsBrick.com Platform may use your Content in accordance with this Terms.
- You will always retain ownership in and to your Content.
- You represent and warrant that:
- you own the Content submitted by you on or through the SportsBrick.com Platform or otherwise have the right to grant the rights and licenses set forth in these Terms;
- the posting and use of your Content on or through the SportsBrick.com Platform does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the SportsBrick.com Platform;
- You agree and certify hereby that in relation to all Content you upload to SportsBrick.com, which contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, voice, appearance, or likeness, you have sought the relevant releases, permissions and authorization from such individuals. You also agree to provide, if requested by SportsBrick.com, valid and accurate property releases to SportsBrick.com for all Content that requires such releases, in the form acceptable to SportsBrick.com, which determination shall be made in SportsBrick.com's sole discretion. All releases shall be electronically delivered to SportsBrick.com with the Content. Content without a release that depicts an identifiable person and/or requires a property release may be taken down or rejected by SportsBrick.com.
- You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.
- The submission of falsified, inaccurate or otherwise defective model releases is a material breach of this Terms. Releases submitted by you shall not contain any terms inconsistent with the Terms. You agree that SportsBrick.com may furnish copies of releases to users or any third party is required and as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, and/or union reporting requirements, or any other reason SportsBrick.com deems reasonable in its sole discretion.
- You agree to provide true and complete information relating to your SportsBrick.com user account and Content, and grant us the permit to access your Personal Information through Facebook, Instagram, Twitter, Google or any other internet platform which you use to access and register with SportsBrick.com, including but not limited to information relating to the date, location and equipment used in connection with creation of the Content:
- SportsBrick.com has the right, at its sole discretion, to refuse to establish an account or to close any existing account, for fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, failure to comply with SportsBrick.com's guidelines as may be amended from time to time, for any breach of the terms of this or any other agreement that you have with SportsBrick.com, or for convenience.
- SportsBrick.com will terminate your account no later than sixty (60) days following its receipt of a written or email request from you. For the sake of clarity, before the termination of your account is made effective by SportsBrick.com, your Content will remain available on the SportsBrick.com Platform.
- You may not submit identical Content to more than one account without the prior written consent of SportsBrick.com.
- You will be allowed to report user accounts through a feedback option available on the SportsBrick.com Platform. You can report user accounts, that you feel are spam, posting offensive content or are violating SportsBrick.com’s Terms or guidelines. SportsBrick.com will study all such “report” requests and may terminate, block or warn “reported” accounts, if they are violative of Terms or guidelines SportsBrick.com.
- SportsBrick.com has the right to refuse to accept or to remove Content from the SportsBrick.com Platform for any reason. SportsBrick.com will remove Content if SportsBrick.com believes that such Content may (in SportsBrick.com's sole discretion) subject SportsBrick.com or any of its officers, managers, directors or employees to legal action or if the Content violates the Terms SportsBrick.com may at anytime, without any prior notice to you and at its sole discretion, decide to take down or remove any Content submitted by you, for such period of time as may be necessary, in case SportsBrick.com receives any legal notice alleging breach of applicable laws or third party infringement notice in relation to such Content.
- SportsBrick.com shall use reasonable efforts to cause Content removed from or opted out from SportsBrick.com Platform to be removed from the website/application of any SportsBrick.com affiliates or partners (including co-branded websites) within sixty (60) days of the removal of the subject Content from the SportsBrick.com Platform, including its websites and mobile applications.
- SportsBrick.com may advertise and/or market your Content on social networking platforms including Facebook, Instagram, Twitter, Google and similar sites and the applications related thereto.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the SportsBrick.com Platform.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the SportsBrick.com Platform, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the SportsBrick.com Platform for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the SportsBrick.com Platform and your Content, including but not limited to, copyright laws.
- You agree that you will not solicit, collect or use the login credentials of other SportsBrick.com users.
- You must not create or submit unwanted email, comments, likes, fives or other forms of commercial or harassing communications (a/k/a "spam") to any SportsBrick.com users.
- You must not use domain names or web URLs in your username without prior written consent from SportsBrick.com.
- You must not interfere or disrupt SportsBrick.com servers or networks connected to the SportsBrick.com Platform, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any SportsBrick.com page is rendered or displayed in a user's browser or mobile application.
- You are responsible for keeping your password secret and secure.
- You are solely responsible for your conduct and any Content that you submit, post or display on or via the SportsBrick.com Platform.
- You can “report” content, that you think is abusive, is a spam or a scam, puts people at risk or violates SportsBrick.com’s Terms or guidelines. SportsBrick.com will study all such “report” requests and may remove such content or take action against the user, including terminating, blocking or warning the user, if such content is violative of Terms or guidelines.
6. SportsBrick.com Trademarks
- For the purposes of the Terms, the term, "Trademark(s)" means all registered or unregistered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by SportsBrick.com.
- Nothing contained herein grants or shall be construed to grant you any rights to use any SportsBrick.com Trademarks.
- You agree that you will not use SportsBrick.com's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks of SportsBrick.com. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of SportsBrick.com Trademarks or the Trademark rights claimed by SportsBrick.com.
- You agree that you will not use any SportsBrick.com Trademarks or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social networking handle or channel, or as a metatag, keyword, or any other type of programming code or data.
- You may not at any time, adopt or use, without SportsBrick.com's prior written consent any word or mark which is similar to or likely to be confused with SportsBrick.com's Trademarks.
- The look and feel of the SportsBrick.com Platform, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of SportsBrick.com and may not be copied, imitated or used, in whole or in part, without the prior written consent of SportsBrick.com.
- You may not frame or hotlink to the SportsBrick.com Platform or to any item of Content other than your own without the prior written consent of SportsBrick.com.
- All rights in and to SportsBrick.com's Trademarks not expressly granted to you hereunder are reserved by SportsBrick.com.
7. Copyright Infringement Claims
- You hereby grant SportsBrick.com the right and authority to take such steps as SportsBrick.com deems commercially reasonable to protect SportsBrick.com's rights in the Content.
- In the event that you believe Content has been misused, you shall take no action without providing notice of such misuse to SportsBrick.com and receiving SportsBrick.com's prior written consent to such action.
- While SportsBrick.com takes commercially reasonable steps to ensure that the rights of its users are not violated by other parties, SportsBrick.com has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.
- We respect your rights and may take action to protect your content. If you suspect potential misuse of your content, please contact us with the details before taking any action directly.
8. Representations and Warranties
- You represent and warrant that:
- you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
- you are under no legal disability or contractual restriction that prevents you from entering into this agreement
- you are at least 13 years of age;
- if you are between 13 and 17 years of age or have not reached the age of majority in your jurisdiction of residence (together, "Not of Majority Age"), you may not use the SportsBrick.com Platform except with the supervision and permission of a parent or legal guardian. If you are Not of Majority Age, you must have a parent or legal guardian review and agree to this Terms and our policies;
- the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
- if the Content contains sound recordings, music and/or lyrics, you own or have acquired all rights to use such sound recordings, music and/or lyrics from the owner of the copyright in such sound recordings, music and/or lyrics.
- if the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs (e.g., Photoshop, Daz, Illustrator), the end user license agreement, terms of service or the equivalent license held by you permits you to incorporate such elements in Content created by you, and to license such Content to SportsBrick.com for the purposes set forth herein.
- the Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.
- there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by you hereunder; and
- you will not transmit unsolicited emails or engage in so-called "spamming" to publicize or promote your relationship with SportsBrick.com or the sale of your Content - nor will you advertise or otherwise publicize your relationship with SportsBrick.com, nor will you use SportsBrick.com's Trademarks through the use of search engine advertising and/or marketing.
- SportsBrick.com represents and warrants that:
- it has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder; and
- upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, SportsBrick.com may send you written notice of such claim, using the email address provided by you to SportsBrick.com, specifying the details of the claim as then known to SportsBrick.com. You will cooperate fully with SportsBrick.com in the defense of any such claims. You may participate in the defense of any claim through counsel of your selection at your own expense.
- By submitting any Content to SportsBrick.com, you acknowledge that you will acquire certain confidential and proprietary information (collectively, "Confidential Information"). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.
- You agree to indemnify and hold SportsBrick.com, its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the Terms. You will not be liable for any incidental, consequential, or special damages in the case of third party claims.
- SportsBrick.com shall indemnify and hold you harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of SportsBrick.com's representations or warranties or any of SportsBrick.com's obligations pursuant to the Terms. SportsBrick.com will not be liable for incidental, consequential, or special damages in the case of third party claims.
- If SportsBrick.com is the indemnifying party, it shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for you, it shall require your written consent, which you will not unreasonably withhold or delay. If you are the indemnifying party, SportsBrick.com shall have the right but not the obligation to assume control of any litigation.
- When indemnification is sought due to a legal claim by a third party, the indemnified party shall:
- promptly notify the indemnifying party of the claim. If the indemnified party does not notify the indemnifying party, the indemnifying party must still meet its indemnification obligations under the Terms, unless the failure to notify causes material prejudice to the indemnifying party; and
- give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. Counsel that is acceptable to indemnifying party's errors and omissions insurance carrier shall be deemed to be acceptable to indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defense of any claim, at the indemnified party's expense. If for any reason the indemnifying party does not elect to or fails to defend a claim, the indemnified party may do so at the indemnifying party's sole expense
- The relationship of the parties is that of independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.
- The Terms contains the entire understanding of the parties with respect to the subject matter covered herein and supersede any prior agreements with respect to such subject matter.
- The validity, interpretation and enforcement of the Terms, matters arising out of or related to the Terms or its making, performance or breach, and related matters shall be governed by the internal laws of the State of New Delhi (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of the Terms, matters arising out of or related to this Terms or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of New Delhi in the City of Delhi and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
- If any individual term of the Terms is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the Terms, so that the Terms shall otherwise remain in full force and effect. The Terms shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.
- SportsBrick.com will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Content or the termination of your user Account.
- Please note that SportsBrick.com reserves the right to modify these terms at any time by an announcement on your login page. You agree to be bound by all such changes. If you do not agree with any of the changes, please remove from SportsBrick.com, pursuant to the terms herein, all or that portion of your Content to which you do not wish the changes to apply.
- In the event that you breach any of the terms of this or any other agreement with SportsBrick.com, SportsBrick.com shall have the right to terminate your account without further notice, in addition to SportsBrick.com's other rights at law and/or equity.
- It is expressly understood and agreed that this Terms is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this Terms as to third parties.
- If these terms change, we will notify you. This agreement will be governed by the Laws of India.
- By submitting any content to SportsBrick.com and/or by participating in the forums, you agree to be bound by this Terms, and Privacy Statement, both of which are deemed incorporated herein by this reference.