Terms & Conditions

Terms of Use Agreement

Before utilizing Sports-Access (referred to as the “Site”), you must read and accept these Terms and Conditions. By subscribing or using the Site, you, as a user (hereafter referred to as “User”), agree to be legally bound by these Terms and Conditions (the "Agreement") with Sports-Access (referred to as the "Company"). In this Agreement, the Company will address you as "you", "your", or "User". The Company may modify this Agreement at any time, with the updated version taking effect immediately. You are responsible for regularly reviewing these Terms and Conditions on the Site. Your ongoing membership signifies your consent to be bound by any updated Terms and Conditions.

Definitions

"Member" or "Membership" refers to a User who possesses a valid username and password for the Site for the duration of the membership.

"Site" refers to Sports-Access, for which the User acquires a username and password to access the Site's content and enjoy the benefits of membership.

Service Description

This Site is exclusively designed for adults. By accessing the Site or subscribing, you affirm to the Company and/or content licensors of the Site that you are an adult, at least 18 years old or the age of majority in your jurisdiction, under penalty of perjury. You agree not to allow any individual under 18 years old to access any material contained within the Site. You choose to access this Site voluntarily for your personal enjoyment, to view, read, and/or hear various materials.

Content Rights

The provided content, including texts, data, software, manuscripts, graphics, photos, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags, and other materials ("Content"), along with the trademarks, service marks, and logos contained therein ("Marks"), are owned or licensed by the Company. This is subject to copyright and intellectual property laws in the United States and abroad, as well as international conventions. All Content is made available for your information and personal, non-commercial use only. You agree not to use, copy, or distribute any Content except as explicitly permitted. If you download or print Content for personal use, you must retain all copyright and proprietary notices. You agree not to bypass, disable, or interfere with any security features of services provided on the Site. The Company holds all intellectual and proprietary rights in the Content and any services available on the Site. You are not granted any rights to use any Marks.

Billing Procedures

1. Services provided may incur subscription fees ("Subscription Fees"), detailed during registration and subject to change. Subscription Fees typically include a one-time charge for the initial period, followed by recurring charges for later periods as agreed upon during registration. By subscribing, you acknowledge and accept responsibility for all charges incurred until the subscription is cancelled. Recurring charges are processed monthly without additional authorization from you. Upon your membership termination, all recurring charges will cease. To cancel your subscription, use the customer service details on your credit card statement.
2. Certain services might necessitate one-time payments or advance payments for specific services.
3. Transactions may be processed through credit card processors or banks outside the United States. You may incur foreign transaction fees or similar charges from your bank or credit card issuer. For ease of future transactions, your credit card number may be stored by us or our agents (e.g., credit card processors, payment gateways) in a secure manner. You agree to this storage and authorize us to charge your card for future transactions.
4. If your payment method is declined, the Company may reattempt the transaction within seven days of the initial attempt. The next scheduled rebill will occur on the original date. The Company may modify the price of rebills or the initial transaction to a lower amount, maintaining the membership at the original rebill price effective from the next rebill unless cancelled 48 hours prior. For unsuccessful recurring payments, an administrative fee up to $2.00 may be charged to maintain your subscription. For any inquiries about rebill prices or dates, contact the Site's customer service.

Taxes

Depending on your location, Value-Added Tax (VAT), Sales Tax, or other taxes may be applied to your purchase, in line with local regulations. Tax rates are subject to variation.

Cancellation and Refund Policy

You can cancel your membership at any time, with termination effective immediately upon notice. Fees are non-refundable once the Site is accessed. Lack of access to the Website, not due to the Company’s fault, is not a valid reason for a refund.

Should a refund be issued, it will be processed by the Company to the original payment method used. No cash or check refunds are provided. All refunds are processed within ten days of communication between the User and the Company's customer service.

Handling of Chargebacks

We conduct a thorough investigation into all chargebacks, which may affect future purchasing abilities on the Site. In cases of suspected fraud, the Company may contact the User's payment method provider (including credit and debit card issuers) to safeguard the User and prevent future unauthorized transactions.

Permission for Usage

Users are granted a singular access right to enter and use the site or its content. This right is intended solely for the individual User's use. Memberships are for personal, non-commercial use and should not be utilized for commercial purposes or by third parties. Commercial exploitation of the Site or its contents is strictly forbidden. Users are not permitted to distribute any material from the Site to others, whether for commercial or non-commercial purposes. Additionally, users cannot modify or alter the materials. Public display, rental, sale, or distribution of materials is prohibited. This includes adhering to all copyright, trademark, or other proprietary notices. The Company and the Site reserve the right to revoke access rights if there is a breach of these terms.

Non-Transferability of Access

Access to the Site is granted through a unique username and password. Users must not share their access rights and must keep them confidential. The Company will only provide passwords to the registered User, unless legally compelled to do otherwise. Unauthorized access to the Site constitutes a breach of this Agreement. Users acknowledge that the Company may monitor their activity on the Site through specialized software.

Warranty Disclaimer

The services on this Site are offered "As-Is" and the Company explicitly disclaims all implied warranties to the maximum extent permitted by law. This includes warranties of merchantability, suitability for a specific purpose, title, or non-infringement. Where the law restricts disclaiming of any implied warranty, such warranty will be limited to the minimum duration required by law. If no duration is specified, a thirty (30) day period from first service use on the Site applies. No guarantees are provided regarding the outcomes of using the services on the Site. Furthermore, uninterrupted or error-free service usage is not warranted.

Limitation of Liability

You agree that the Company is not liable for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or related to the use or inability to use the services on the Site. If any legal action is brought by you against the Company, the Company's liability to you shall not exceed the amount you paid to the Company in the 120 days preceding your first claim. Moreover, you must file any claim or cause of action linked to these Terms and Conditions or your use of the Site within one year of its occurrence, or it will be irrevocably waived.

Obligation to Compensate

You agree to compensate and absolve the Company and its shareholders, directors, officers, employees, agents, contractors, licensors, and licensees from any losses, liabilities, claims, demands, or expenses, including reasonable legal fees, arising from a third party due to your use of the services on the Site or any violation of these Terms and Conditions.

Interactions with Third Parties and Advertisers

The Site may include links to third-party websites, sponsors, or advertisers, over which the Company has no ownership or control. The Company does not endorse or approve any third-party site, application, software, content, or advertising by including or linking to them. The Company bears no responsibility for the content, privacy policies, or practices of any third-party entities. Your use of the Site implies your agreement to absolve the Company from any liability related to your use of third-party websites, content, services, or software accessed via the Site.

Your interactions or engagements with sponsors, advertisers, or other third parties found through the Site are entirely between you and such third parties. The Company is not liable for any loss or damage resulting from any interactions with these third parties or their presence on the Site.

Membership Fees and Communications

Membership fees for the Site are subject to change at the discretion of the Company. The standard and monthly membership rates are displayed on the Site's payment page. These rates will also appear on your credit card statement or your chosen payment method.

Electronic Communications

By using the Site, you consent to receive electronic communications, such as emails, from the Company. These communications may include account notices and information related to the Site or its services. They are part of your membership with the Company. You acknowledge that any electronic communications from us fulfill any legal requirement that such communications be in writing.

Choice to Opt-Out

You acknowledge and agree that your email address or other communication methods may be used for sending you commercial emails or communications. Specific offers may be presented to you through email campaigns or other communications with a pre-selected option. If you do not deselect the pre-selected option (i.e., "OPT-OUT" of the offer), the Site may share your personal profile information with the third-party service or content provider behind the offer. If you deselect the pre-selected option, your personal information will not be disclosed to any third-party service or content provider.

U.S. Export Control Regulations

The software and content provided through the Site's services are under the jurisdiction of U.S. export laws. No user is allowed to download, export, or re-export the software or content to countries under U.S. embargo or to entities on the U.S. Treasury's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List. By accessing such software or content, you affirm that you are not in, controlled by, or a resident of any of these embargoed nations or on any prohibited lists.

Applicable Law

The governing laws for these Terms and Conditions shall be those of the Republic of Cyprus, without considering its conflict of law principles.

Jurisdiction and Legal Venue

All legal proceedings or arbitration arising from these Terms and Conditions will exclusively take place in the Republic of Cyprus.

Arbitration Agreement

Mandatory Arbitration - In case of a dispute under this Agreement, both parties will first try to resolve it through good faith negotiations. If unsuccessful, either party may request binding arbitration as per the applicable Arbitration Ordinance. Arbitral Claims include various legal claims, excluding worker’s compensation, unemployment insurance, intellectual property, and actions seeking equitable relief. Arbitration will occur in the Republic of Cyprus, conducted by an arbitrator experienced in Internet and e-commerce disputes, who shall remain neutral.

The Arbitrator won’t have the authority to award punitive damages, certify class actions, add parties, or disregard this Agreement’s terms. The arbitration will be governed by Cyprus law, with the arbitrator providing a detailed written decision within 30 days of the arbitration conclusion. BOTH PARTIES FORGO TRIAL BY JURY FOR ARBITRAL CLAIMS.

Non-waiver of Arbitration Rights - Rights to arbitration can only be waived in a written, explicit agreement. No action, including litigation initiation, should be deemed a waiver or renunciation of arbitration rights.

Limitation of Legal Actions - Claims related to this Agreement, excluding intellectual property issues, demands for outstanding payments, and indemnification claims, must be filed within one year of the cause of action’s occurrence.

Prohibition of Class Actions

IN ANY DISPUTE, NEITHER PARTY NOR ANY THIRD PARTY MAY PURSUE CLASS OR CONSOLIDATED CLAIMS OR ARBITRATE ON BEHALF OF OTHERS. BY AGREEING, YOU WAIVE THE RIGHT TO ENGAGE IN CLASS OR REPRESENTATIVE ACTIONS REGARDING THESE CLAIMS.

Exemption for Uncontrollable Events

Neither party will be liable for delays or failures in performance caused by unavoidable events like natural disasters, terrorism, strikes, embargoes, fires, war, or other uncontrollable circumstances.

General Clauses and Severability

The entirety of the agreement between You and the Company regarding the Site is comprised of these Terms and Conditions, the Privacy Policy, and any other legal notices issued by the Company on the Site. Should any part of these Terms and Conditions be declared void by a competent court, such invalidity won't impact the validity of the remaining clauses, which will continue to be enforceable. No single waiver of any part of these Terms and Conditions implies a waiver of any other part, nor does the Site's non-enforcement of any right or clause imply a waiver of such right or clause.

If a court or arbitrator finds any provision of this Agreement, or part thereof, unenforceable, it will be enforced to the fullest extent permissible, and the rest of the Agreement will remain effective.

No waiver or action by the Company is to be considered a waiver of any subsequent breach of the same or other provision of this Agreement. If any term, clause, or provision is deemed invalid or unenforceable by a competent court, its invalidity does not affect other terms, clauses, or provisions, and the invalid term is to be considered severed from this Agreement.

DMCA Compliance

We adhere to the Digital Millennium Copyright Act of 1998, as amended ("DMCA"), and enforce a policy that may lead to termination of your Site usage rights if you violate it. If you suspect copyright infringement on the Site, please inform our DMCA Copyright Agent as per DMCA guidelines. For DMCA compliance, you need to provide: (a) the authorized representative's signature of the infringed copyright; (b) a description of the infringed work; (c) identification and location of the claimed infringing material; (d) your contact details; (e) a declaration of your belief that the material's use is not authorized; and (f) a statement, under penalty of perjury, that the provided information is accurate and you are authorized to act on behalf of the copyright owner. Be aware that your complaint details might be communicated to the provider of the alleged infringing content. For DMCA issues, contact our DMCA Copyright Agent at info@sports-access.com.

Under Section 512(f) of the DMCA, anyone who falsely claims material or activity as infringing may face liability. If you believe your content was wrongly removed or disabled under Section 17, you can send a counter notice to our DMCA Copyright Agent. False claims of mistaken removal or misidentification under Section 512(f) can also lead to liability.

Section Titles

The headings in these Terms and Conditions are for convenience only and do not interpret, limit, or define the terms herein. The definitions of terms apply equally to their singular and plural forms. Pronouns include respective masculine, feminine, and neutral forms as contextually appropriate.

Non-Transferability

Your rights or duties under these Terms and Conditions cannot be resold, assigned, or transferred without prior written consent from the Company. The Company, however, may transfer or assign its rights and duties under these Terms and Conditions at any time without prior notice or consent.

Communication

Notices to users from the Site may be delivered via electronic messages, general postings on the site, or conventional mail. Users' notices to the Company should be sent electronically, unless otherwise stated in the Agreement.