Effective Date December 1, 2021; Updated July 18, 2023
Welcome to SportsEngine, we are the Home of Youth Sports™ and the world’s leading provider of Sport Relationship Management (SRM) software, empowering athletes, parents, coaches, and sports organization administrators with tools and services to manage their organizations and sports lives. The SportsEngine Services are made available to you by SportsEngine, Inc., and its affiliated companies (including successors & assigns, “SportsEngine,” “we,” “us” or “our”).
SportsEngine is part of NBC Sports Next, a division of NBCUniversal Media, LLC (“NBCUniversal”).
1.3.3 By accessing or using the SportsEngine Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) your access to and use of the SportsEngine Services will comply with the United States export control and economic sanctions requirements.
The SportsEngine Services are aimed at the following categories of users:
Organization The organization is the sports governing body, federation, league, team, club or similar entity or organization, that accesses or uses the SportsEngine Services.
Administrator(s) The person(s) nominated by the Organization that has control over the use and overall administration of the Organization’s use of the SportsEngine Services and includes anyone else who is given administrative access to the SportsEngine Services.
End users of any of the SportsEngine. This includes account holders, athletes/players/participants (if over 13), parents and guardians, members, coaches, sports officials, Administrators, volunteers, managers or any other person who views, accesses and uses the SportsEngine Services or could otherwise be an end-user of the Organization.
Organization Data: means any Personal Data that relates to the Organization’s Members that SportsEngine processes in relation to SportsEngine’s provision of the SportsEngine Services and that is not SportsEngine Data. For avoidance of doubt, Organization Data does not include SportsEngine Data even if the same data was also collected as Organization Data and any such duplicate data relating to the Organization’s Members that SportsEngine processes in relation to SportsEngine’s provision of the SportsEngine Services remains Organization Data.
SportsEngine Data: means information you provide to us directly and independently when using the SportsEngine Services, including but not limited to contact and account registration information, demographics information, interests and preferences, transactional and membership information, user-generated content, audio and video, research and feedback data, and information we collect for business-to-business relationships, including but not limited to business contact information, transactional information, demographics, and due diligence information. SportsEngine Data also includes information we collect automatically from you and / or your device, such as device information and identifiers, connection and usage, data, and geolocation.
3.2 Wireless Features. The SportsEngine Services may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content or download applications to your wireless device (collectively, “Wireless Features”). If you use any Wireless Features, you agree that we may send communications to your device.
3.3 Devices and Charges. You are solely responsible for obtaining all devices and software, internet connectivity, mobile service, and other services needed for your use of the SportsEngine Services, and you will be solely responsible for all charges related to them. Your carrier or internet service provider may charge fees for or restrict certain Wireless Features.
4.2.1 License to User-Generated Content. You hereby grant to SportsEngine a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable through multiple tiers (including to other users of the SportsEngine Services), fully paid up, and transferable (in whole or part) worldwide license to use, reproduce, transmit, adapt, prepare derivative works based on, publicly display, publicly perform, exhibit, modify, edit, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, any User-Generated Content (including your name, image, likeness and voice as they appear in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You hereby grant to SportsEngine the right to monetize the Content and any User-Generated Content (and such monetization may include selling or using commercial elements (e.g., pre-roll, mid-roll, post-roll, banner ads and dynamic advertising) on or within such Content or charging users a fee for access). SportsEngine shall retain any and all revenue from the sale or use of such commercial elements. This Agreement does not entitle you to any payments. You represent and warrant that you own all User-Generated Content or are otherwise authorized to grant the license above.
4.2.2 Use and Distribution of User-Generated Content. You agree that SportsEngine may give you attribution for you User-Generated Content, but we are not required to do so. To the extent permitted by applicable law,
you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives or other users.
4.2.3 Public Nature of SportsEngine Services. You acknowledge that you upload any User-Generated Content voluntarily, and have no expectation of privacy or confidentiality with respect to any User-Generated Content you Upload, and that no fiduciary relationship exists between us and you or any other party based on the User-Generated Content. We make no guarantees to remove User-Generated Content from the Services or other sites, and we may retain User-Generated Content in our backup files, including after termination of your Account
4.2.4 No Responsibility for User-Generated Content. SportsEngine is not responsible or liable for any User-Generated Content and we have no obligation to investigate, monitor or correct any User-Generated Content (e.g., for accuracy or completeness) except as provided under our Infringement Policy. User-Generated Content may not reflect the views of SportsEngine and we do not endorse any User-Generated Content that you or other users upload.
4.3 Infringement Policy. If you believes that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User-Generated Content.
We reserve the right to take any and all steps available to us, including revoking, suspending, or terminating your privileges to access and use all or a portion of the SportsEngine Services and/or take any other appropriate measures to enforce the Agreements.
5.2 Investigations, Monitoring, and User Disputes. SportsEngine may, but is under no obligation to, examine, record, copy and disclose your use of the SportsEngine Services including as necessary to satisfy any law, regulation or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of or suspect any violation of these provisions, including, but not limited to, modifying or removing any User-Generated Content, warning users, suspending users, terminating accounts, suspending and terminating subscriptions to the SportsEngine Services, blocking access to the SportsEngine Services or taking other corrective action we deem appropriate without liability. You are solely responsible for your use of the SportsEngine Services, User-Generated Content, and any interaction with other users of the SportsEngine Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you, your Organization, its Administrators, Members, and any other users of the SportsEngine Services.
6. REPRESENTATIONS & WARRANTIES.
6.1 You represent and warrant to SportsEngine that:
6.1.2 you shall comply with all applicable federal, state, and local laws, rules and regulations;
6.1.6 you have obtained all necessary consents, releases, and/or permissions required by law (including any applicable privacy laws) in order to Upload User-Generated Content and for SportsEngine to use, distribute and exercise the rights granted in Section 4 with respect to such User-Generated Content; and
6.1.7 to the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User-Generated Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to SportsEngine, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User-Generated Content posted by you to or through the SportsEngine Services.
7. THIRD PARTY SERVICES & THIRD PARTY PLATFORM PROVIDERS
7.1 Third Party Services. The SportsEngine Services may provide links to third-party websites, widgets, software, services or other utilities (“Third-Party Services”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any SportsEngine Service does not imply an endorsement by or affiliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services. We will not be responsible or liable for any confidential or personal information you provide in connection with any Third Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third Party Services on the SportsEngine Services.
8. DISCLAIMERS AND DISPUTES
8.1 Disclaimer of Warranties. We make no representations or warranties as to the SportsEngine Services (which, for purposes of this Section 10 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness or otherwise. WE PROVIDE THE SPORTSENGINESERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “SPORTSENGINE PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOUR ORGANIZATION, THE ABOVE EXCLUSIONS WILL APPLY TO YOUR ORGANIZATION ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. With respect to malfunctioning software, SportsEngine’s entire liability and your sole and exclusive remedy shall be the repair or replacement of the software.
8.2 Limitation of Liability.
8.2.1 IN NO EVENT WILL THE SPORTSENGINE PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH SPORTSENGINE SERVICES OR THIS SUBSCRIPTION AGREEMENT EXCEED (i) THE AMOUNT (IF ANY) ACTUALLY PAID BY you TO SPORTSENGINE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR ORGANIZATION’S USE OF THE SPORTSENGINE SERVICES. FURTHERMORE, NONE OF THE SPORTSENGINE PARTIES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SPORTSENGINE SERVICES. THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NBCUNIVERSAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.
8.2.2 BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SPORTSENGINE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.
8.2.3 YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCURS ARISING OUT OF THE ACTS OR OMISSIONS OF THE SPORTSENGINE PARTIES OR YOUR USE OF THE SPORTSENGINE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SPORTSENGINE SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.
8.3 Indemnification. You agree to defend, indemnify and hold harmless the SportsEngine Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (i) any breach of the Agreements; (ii)
User-Generated Content; and/or (iii) your use of the SportsEngine Services or any use of your account via the SportsEngine Services.
9. DISPUTE RESOLUTION
10. ADDITIONAL TERMS
10.1 Notice for California Users. Under California Civil Code Section 1789.3, California users of the SportsEngine Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online here.
10.6 Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
11. SUPPLEMENTAL TERMS: Subscription Services; Charges & Fees; Automatic Renewal and Payment Method; Cancellations and Refunds; Trial Periods/Promotional Offers.
11.3 Charges & Fees.
(a) Subscription Period. Your Subscription will provide you with access to all of the content and benefits relating to the level of Subscription you select for the period provided during sign-up (“Subscription Period”).
(b) Payment and Fees. You will be billed upfront for the cost of the full Subscription Period, in addition to any applicable taxes, transaction fees and other charges and fees incurred in order to access your Subscription. All Subscription fees are non-refundable. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) for payment. If there is a problem charging your default payment method, we may charge any other valid payment method associated with your Account. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the SportsEngine Services.
(c) Price Increases. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice and communicated to you through a posting on the SportsEngine Services or such other means as we may deem appropriate from time to time (including email). Such price increases will be applied on a prospective basis and you will be notified about the increase.
11.4 Automatic Renewal. If you purchase a Subscription, you agree that your Subscription will be automatically renewed for another Subscription Period (for example, monthly or annually) at the then-current price for such Subscription and, except as otherwise stated in the applicable Supplemental Terms, unless you cancel your Subscription, you authorize us to charge your Payment Method for the next Subscription Period. If you terminate a Subscription, you will be responsible for the full amount of the subscription fees for the Subscription Period in which your termination was effective.
11.5 Cancellation & Refunds. You may cancel your Subscription at any time via the methods outlined below. Subscription fees are non-refundable. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. You can cancel your Organization’s subscription via the following methods: (1) by contacting customer service via email ([email protected]); or (2) by such other means as we may provide from time to time. For SportsEngine Play Subscriptions, you can also cancel your Subscription via your Account settings. If you cancel near the end of your billing period and are inadvertently charged for the next Subscription Period's fee, contact customer service to have the charges reversed.
11.6 Trial Periods. We may provide a limited free trial period (“Trial Period”) to certain users regarding certain SportsEngine Subscription Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to additional terms and conditions. If we provide you with access to a Trial Period, then you must provide valid payment method information in order to use the applicable SportsEngine Subscription Services during the Trial Period. We will not charge you for those SportsEngine Subscription Services subject to a Trial Period. If you do not cancel the applicable SportsEngine Subscription Services by the end of your Trial Period, you authorize us to automatically charge your payment method for SportsEngine Subscription Services subsequent to the Trial Period (e.g., for each of the following payment periods for a SportsEngine Subscription Service until terminated). You may cancel your SportsEngine Subscription Services by logging into your Account and visiting the “Subscription” section of your Account Settings page. WE MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYMENTS HAVE BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE END OF YOUR TRIAL PERIOD. You may only have one Trial Period for a SportsEngine Subscription Service before you must begin paying for that SportsEngine Subscription Services. If you exceed this limit, we may charge your chosen payment method for any Trial Period after the first or suspend your use of the SportsEngine Subscription Services, in our sole discretion.