Terms and Conditions
1. Acceptance of the Terms and Conditions
Welcome to https://www.insidesportsinternational.com/ (the “Site”). The Site is comprised of various web pages operated by Inside Sports International LLC, a Delaware limited liability company (“Inside Sports International” or “We” or “Us” or “Our” or the “Company”). Our Site is an E-Commerce site, We offer online subscription services hosted through a third party, Vimeo OTT by Vimeo, Inc. (“Vimeo”), for sports-related video content, and We offer merchandise for sale, and provide sports-related content (hereinafter referred to as the “Services”). The term “You” or “Your” or “Yours” refers to the individual reading this page, and/or using the Services. The Site, including any content, functionality, transactions, and Services You use, is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Agreement” or “Terms”). Your use of the Site constitutes Your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for Your reference.
2. Privacy
Your use of the Site is subject to Inside Sports International’s Privacy Policy. Please review Our Privacy Policy, which also governs the Site and informs users of Our data collection practices.
3. Electronic Communications
Visiting the Site or sending emails to Inside Sports International constitutes electronic communications. You consent to receive electronic communications and You agree all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
4. Changes to the Terms and Conditions
We reserve the right to update the Site and these Terms periodically, at Our discretion, and with or without any additional notice to You. The most current version of the Terms will supersede all previous versions. Inside Sports International encourages You to periodically review the Terms to stay informed of Our updates. Your continued use of the Site following the publishing of an updated Terms means You accept and agree to the changes. If You do not agree to the amended Terms, You agree to immediately stop using the Site.
5. Individuals Under Eighteen
We do not knowingly collect, either online or offline, personal information from persons under the age of eighteen. You must not use this Site if You are under the age of eighteen.
6. Cancellation / Refund Policy
Any cancellation of video subscription ONLY via Vimeo, subject to Vimeo’s own terms, conditions and refund policy.
7. Links to Third Party Sites / Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Inside Sports International and Inside Sports International is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Inside Sports International is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Inside Sports International of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, Service or functionality originating from the https://www.insidesportsinternational.com/ domain, You hereby acknowledge and consent that Inside Sports International may share such information and data with any third party with whom Inside Sports International has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
8. No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of Your use of the Site, You warrant to Inside Sports International that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Inside Sports International or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Inside Sports International content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of Inside Sports International and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of Inside Sports International or Our licensors except as expressly authorized by these Terms.
Because the Site is not error or bug free, You agree that You will use it carefully and avoid using it ways which might result in any loss of Your or any third party’s property or information.
9. Third Party Accounts
You will be able to connect Your Inside Sports International account to third party accounts. By connecting Your Inside Sports International account to Your third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.
10. International Users
Service is controlled, operated and administered by Inside Sports International from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Inside Sports International Content accessed through https://www.insidesportsinternational.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
11. Legal Disclaimers
Your use of the Site is at Your sole risk. We have made every attempt to ensure the accuracy and reliability of the information provided on the Site. However, the information is provided “as is” and “as available.” We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for damages, direct or consequential, resulting from Your use of the Site.
12. Indemnification
You agree to indemnify, defend, and hold harmless Inside Sports International, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use the Site or Services, any user postings made by You, Your violation of any Terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules, or regulations. Inside Sports International reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defenses.
13. Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and Inside Sports International agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
14. Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INSIDE SPORTS INTERNATIONAL LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
INSIDE SPORTS INTERNATIONAL LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INSIDE SPORTS INTERNATIONAL LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THREE TIMES THE MOST RECENT PURCHASE MADE BY YOU, IF ANY, OR (B) US $1000.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSIDE SPORTS INTERNATIONAL LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INSIDE SPORTS INTERNATIONAL LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE COMPANY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
15. Terms and Termination
These Terms of Service will become effective in relation to You when You start using the Site and will remain effective until terminated by You or Us.
Inside Sports International reserves the right, in its sole discretion, to terminate Your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and You hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Inside Sports International as a result of this agreement or use of the Site. Inside Sports International’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Inside Sports International’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Inside Sports International with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Inside Sports International with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Inside Sports International with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
We reserve the right to terminate this Agreement with You at any time in case of unauthorized, or suspected unauthorized, use of the Site Services whether in contravention of this Agreement or otherwise. If We terminate this Agreement, or suspend Your access to the Site for any of the reasons set out in this section, We shall have no liability or responsibility to You, and We will not refund any amounts that You have previously paid.
16. Copyright or Trademark Infringement
If You are a copyright or trademark holder who believes that any of the products, Services, or content which are directly available via the Site are infringing copies of Your work, please let Us know. Pursuant to The Digital Millennium Copyright Act of 1998, 17 United States Code 512(c) (3), a written notice of alleged copyright infringement should be sent to Our designated agent at the following address: DMCA Agent Inside Sports International LLC 35 Sunridge Lane Durango, Colorado 81301, United States of America.
The notification should include the following:
(1) a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright or trademark that is allegedly infringed;
(2) specific identification of each copyrighted work or trademark claimed to have been infringed;
(3) a description of where the material believed to be infringed is located on the Site (please be as detailed as possible and provide a URL to help Us locate the material You are reporting);
(4) contact information for the complaining party, such as a complete name, address, telephone number, and email address;
(5) a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright or trademark infringement and take appropriate actions under the DMCA.
17. Technology Limitations and Modifications
We will make reasonable efforts to keep the Site and its Services operational. However, certain technical difficulties or maintenance and other problems inherent in the use of the Internet and electronic communications, may periodically result in temporary interruptions. We are not responsible for any delays, failures, or other damage resulting from such problems. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions, Services, and features of the Site with or without notice.
18. Assignment
We may assign, transfer, and subcontract Our rights and/or obligations under these Terms without any notification or consent required. However, You may not assign, transfer, or subcontract any of Your rights and/obligations under these Terms.
19. Entire Agreement
This Agreement, together with the Site Privacy Policy and any legal notices and disclaimers contained on this Site, constitute the entire Agreement between Us and You in relation to Your use of this Site, and supersede any and all prior agreements and understandings in relation to the subject matter of these agreements, whether written or oral, between Us and You.
20. Severability
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, under any applicable law, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and such provision shall be deleted without affecting the remaining provisions herein.
21. English Version Prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
22. Contact Us
Inside Sports International welcomes Your questions or comments regarding the Terms:
Inside Sports International LLC
35 Sunridge Lane
Durango, Colorado 81301
Email Address: privacy@insidesportsinternational.com
Effective as of November 18, 2020