Global Sports Inc.
Effective May 18, 2017.
In these Terms, we refer to those raising funds as “Fundees” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Funders” and to the funds, they contribute as “Contributions.” Campaign Funders, Funders and other visitors to the Services are referred to collectively as “Users.”
Global Sports Platform
Global Sports is an online crowdfunding platform for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Fundees can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Perks“) to Funders. Perks are not offered for sale. Global Sports makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Global Sports does not represent that Fundees will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and Global Sports Inc. is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Global Sports reserves the right to refuse the use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Fundees are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. Fundees shall not make any false or misleading statements in connection with their Campaigns.
Fundees must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane content in any Campaign, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of Global Sports, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other rights of any other person or entity, or violate any law or contract.
Fundees are not permitted to offer or provide any of the following as a Perk:
- any form of “security” (as such term is defined in the Securities Act of 1933);
- any form of financial incentive or participation in any profit sharing;
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- any weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any human remains, such as bones or skulls;
- any form of air transportation; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
Global Sports is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
- bypass any measures Global Sports may use to prevent or restrict access to the Service;
- run any form of auto-responder or “spam” on the Service;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
- take any action that imposes, in Global Sport’s sole discretion, an unreasonable load on Global Sport’s infrastructure;
- represent products created by others as your own creation, or act as a reseller of others’ products;
Global Sports reserves the right to remove Campaigns and terminate User Accounts for such activities.
Prohibited Visual Elements in Campaign Images
Fundees are not permitted to do any of the following with Campaign images:
- incorporate Global Sports colors and branding elements, including but not limited to logos, colored frames, borders or badges;
- include any visual element that could be interpreted to have been produced by Global Sports, including but not limited to banners, progress bars or funding stats;
- include any visual element that communicates endorsement by Global Sports.
Disputes between Fundees, Third Parties and Funders
Fundees are legally bound to perform on any promise and/or commitment to Funders (including delivering any Perks). Global Sports does not recognize any third party and/or agency affiliated with the Campaign as a Fundee. If a Fundee is unable to fulfill any of its commitments to Funders (including delivery of any Perks), the Fundee will work with the Funders to reach a mutually satisfactory resolution, which may include refunding Funders. Please note that if Campaign funds have been disbursed to the Fundee, then it is the Fundees responsibility to issue refunds to Funders.
Global Sports is under no obligation to become involved in disputes between Fundees and Funders, or Users and any third party. In addition, Global Sports is under no obligation to become involved in disputes regarding the determination of the rightful Fundee, and will not be obligated to make any changes to Fundee accounts or transfer of ownership. In the event of any dispute, such as a Fundees alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Fundees contact information to the Funder so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Global Sports immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Global Sports may reasonably request and to answer truthfully and completely any questions Global Sports might ask you in order to verify such User’s identity.
License to Users and Use of Global Sports Name
Global Sports grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
With the exception of User Content (defined in the User Content paragraph below), all content made available through the Global Sports platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of Global Sports or other Fundees and is protected by the United States and international intellectual property laws.
The name Global Sports is owned by Global Sports Inc. Users are strictly prohibited from registering domain names, social media accounts, user names, handles, trademarks, copyrights, apps, trade names, or corporate names that incorporate the name Global Sports or are confusingly similar.
Fundees are permitted to offer Perks to Funders. Fundees are legally bound to perform on any promise and/or commitment to Funders (including delivering any Perks). This commitment includes shipping Perks to Global Sports Funders before fulfilling any orders received after the Campaign has ended. For Fundees participating in programs with our retail partners, failure to ship orders to Global Sports Funders first may result in removal from such retail partnership programs.
Fundees will respond promptly and truthfully to all questions posed to them by Global Sports or any Funder. Fundees will provide timely, frequent and substantive updates to their Funders. If any Fundee is unable to fulfill any of its commitments to Funders (including delivering any Perks), the Fundee will work with the Funders to reach a mutually satisfactory resolution, which may include refunding their Funders.
Your location as reflected on your Campaign page must match your legal residence that you submit to Global Sports when you create the Campaign. Fundees may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in Global Sports removing the Campaign(s) from the platform and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Fundee shall be permitted to collect Campaign funds. Global Sports will not be required to disburse Campaign funds to any third parties.
Global Sports may attempt to verify the identity and other information provided to us by Fundees, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Fundee eligibility is subject to Global Sport’s review of the fulfillment status of prior crowdfunding obligations. Global Sports reserves the right to prohibit or remove a Campaign if the Fundee is delayed by three (3) months or more in fulfilling a prior Crowdfunding Campaign on Global Sports platform or another platform.
If the amounts raised by a Campaign on Global Sports platform exceed a certain threshold, and/or a Campaign has a high number of refunds or chargebacks (each as determined by Global Sports in its sole discretion), Global Sports may withhold a percentage of the Campaign funds for period of time as determined by Global Sports in its discretion and in accordance with Campaign reviews. Global Sports will manage all refunds during this time.
You acknowledge that as a Fundee, if you do not act in accordance with Global Sport’s Terms, Global Sports may obtain reimbursement of any amounts owed by a Fundee to Global Sports by holding funds from your Campaign, or from the connected Stripe or bank account associated with your Campaign, or by seeking reimbursement from the Fundee by any other lawful means, including by using third-party collections services.
Funders are solely responsible for asking questions and investigating Fundees and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Funder. Global Sports does not guarantee that Contributions will be used as promised, that Fundees will deliver Perks, or that the Campaign will achieve its goals. Global Sports does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Funders are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Funder, the associated Perks, if any, shall be canceled.
Funders may request a refund from Global Sports before the end of a Campaign. For Campaigns that have entered the GS HomeRun® program, Funders may request a refund from Global Sports within ten (10) days of the contribution.
Taxing authorities may classify funds raised on the Services as taxable income to the Fundee and any beneficiary who will receive funds directly from the applicable Campaign. Global Sports will ask for the tax identification number (TIN) of Fundees and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Global Sports will provide Fundees with a tax document if required by the relevant taxing authorities.
A Fundee whose Campaign meets its funding goal may elect to continue raising funds after the Campaign ends by participating in the GS HomeRun® program (“GS HomeRun®“). More details about GS HomeRun® and how Fundees can opt in can be found in the GS HomeRun® FAQ. All Global Sports fees and payment options will remain the same; provided that, payment disbursements will be made on a four (4) week cycle. All terms and conditions that apply to Campaigns shall continue to apply once a Campaign enters GS HomeRun®. Fundees that have Perks in GS HomeRun® will not link to or promote an alternative service or website for contributions or pre-orders within their GS HomeRun® pages. Global Sports may remove a Campaign from GS HomeRun® if Perks have not been fulfilled within three (3) months after the estimated delivery date, or if the fulfillment of Perks is delayed indefinitely.
GS Donations® is for nonprofit, charitable and other cause-related fundraising. Users may establish a GS Donations® Campaign as Fundees, provided that the intent of any such Campaign must be nonprofit or a charitable organization, or another cause-related initiative. Each GS Donations® Fundee acknowledges and understands that Global Sports may request additional information as reasonably necessary (as determined in the sole discretion of Global Sports) to verify or confirm that the Fundee is authorized on behalf of the applicable GS Donations® Campaign beneficiary to raise funds in connection with the applicable GS Donations® Campaign. If Global Sports determines in its sole discretion that a Campaign does not belong on GS Donations® page, then it may relocate such Campaign, or take other action as appropriate.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content“). Users grant Global Sports a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Global Sports, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Fundees may have the option to receive a free podcast produced by Global Sports. This will allow the Fundee to explain their Campaign and the benefits a Funder will receive for Contributing.
Fundees may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion“) on the Services without Global Sport’s prior written permission (which may be granted or withheld by Global Sports in its sole and absolute discretion). Fundees may Contact Us to request permission. Subject to and upon any such permission, each Fundee offering any Promotion further acknowledges and agrees that: (a) such Fundee shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) Global Sports does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Global Sports from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Fundee and not to Global Sports.
Third-Party Websites, Advertisers or Services
Creating an account on Global Sports platform is free. We do not charge our Fees to Funders. Unless otherwise expressly indicated on the Services, we do charge our Fees to Fundees as a portion of the Contributions they raise (the Fees“). Fees are only charged on successfully funded Campaigns. We charge 2.5% for GS Donations® to 501(c)3 organizations, 3% for GS Donations® to non 5019(c)3 organizations and 5% for product Campaigns, in addition to any Fees from our payments partners. If you create a Campaign that is successfully funded, we (and our payment partners) collect Fees. Our partners’ Fees may vary slightly based on your location. By using the Services Users agree to our Fees. Changes to Fees are effective after we post notice of the changes on the Services. Updated Fees are applied to Campaigns launched after the notice is posted.
Fundees that accept PayPal and Funders that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Fundees on Global Sports platform are provided by Stripe Inc. (“Stripe“) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). By continuing to operate as a Fundee on Global Sports platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Global Sports enabling credit card payment processing services through Stripe, you agree to provide Global Sports accurate and complete information about you and your business, and you authorize Global Sports to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
If a chargeback is filed for a contribution to a Campaign on Global Sports platform, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify Global Sports of the chargeback. Global Sports may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies Global Sports through the payment processor, Global Sports will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Fundee.
If the disputed transaction has already been disbursed to the Fundee and the Campaign is in GS HomeRun®, Global Sports will hold funds from the Campaign’s disbursement(s) to cover the cost of the chargeback. Once notified of the financial institution’s decision, Global Sports will take appropriate the action as specified above.
By using our Services, you acknowledge that Global Sports reserves the right to attempt to recover or hold funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, for reasons including but not limited to: refunds, lost chargebacks, a Fundee does not act in accordance with Global Sport’s Terms, or other situations resulting in negative balances.
We may obtain reimbursement of any amounts owed by a Fundee to Global Sports by holding funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, or seeking reimbursement from the Fundee by any other lawful means, including by using third-party collections agencies. You authorize us to use any or all of the foregoing methods to seek reimbursement.
Each User agrees to defend, indemnify and hold harmless Global Sports, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Global Sports may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Global Sports and each User agrees to assist and cooperate with Global Sports in the defense or settlement of any such matters.
Global Sports has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Limitation of Liability
GLOBAL SPORTS (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO GLOBAL SPORTS FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GLOBAL SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow Global Sports to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Global Sport’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Global Sports does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by any User, but may be assigned by Global Sports without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but Global Sports may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in Delaware (the place of incorporation of Global Sports Inc.); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Global Sports, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles.
Global Sports and the User agree that any and all disputes or claims shall be resolved exclusively by final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court if the User’s claims otherwise qualify for adjudication in that court. Global Sports and the User manifest their assent to arbitrate by providing and using the Services. Arbitrable Claims are those that Global Sports asserts against the User, and that the User asserts against Global Sports, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against Global Sports or a related party, a User must send a letter requesting arbitration and describing the claim to Global Sport’s registered agent, Business Filings Incorporated, 108 West 13th Street, Wilmington, Delaware – 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Global Sports will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Wilmington, Delaware is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying the federal law for transferring venue on grounds of forum non-conveniens. If Notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the City and County of Wilmington, Delaware. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the non-prevailing party all of its reasonable attorneys’ fees and costs.
Fundees and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Global Sports merely provides a platform to allow Fundees to connect with Funders. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Global Sports makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Funder to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax – advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed — or remains currently deemed — a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between this the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims, and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States of America.
Users agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws“), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC“) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
Cooperation with the Authorities
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree Global Sports may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
We are always pleased to hear from our Users and welcome their comments or suggestions. However, products, services, and features developed by Global Sports or its Users might be similar or even identical to a submission received by Global Sports or its Users. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the Global Sports platform or to Global Sports about an existing product or service on, or a feature of, or a proposed addition to, the Global Sports platform. With regard to User Submissions:
- All such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
- Global Sports and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the Submissions; and,
- Global Sports and its Users are entitled to unrestricted use or disclosure of the Submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms are the entire agreement between each User and Global Sports regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Global Sport’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Global Sports may alter the Terms at any time, so please review them frequently. If a material change is made, Global Sports may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at Global Sport’s sole discretion, in good faith, and using common sense and reasonable judgment.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the “DMCA“) or that any User Content infringes such User’s intellectual property rights and is accessible the Services, please notify Global Sport’s Legal Department. “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the “Complainant“) must provide the following information in writing (the “Notice of Infringement“):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Global Sports to locate the material.
- information reasonably sufficient to permit Global Sports to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
- a statement that the Complainant has a good-faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
- a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the Global Sports DMCA agent (the “DMCA Agent“) by mail and email to the following addresses:
Global Sports Inc.Attention: DMCA Agent 500 West 56th Street Suite 520 New York, New York - 10019 The United States of America Email: firstname.lastname@example.org
If any User (the “Respondent“) believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the “Counter Notice”) with the DMCA Agent, including the following information within five (5) business days from receipt of the Notice of Infringement:
- a physical or electronic signature of the Respondent;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Global Sports, at its discretion, may replace the removed material or cease disabling it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
GLOBAL SPORTS WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, Global Sports has adopted a policy of terminating, in appropriate circumstances and at Global Sport’s sole discretion, repeat infringers.
All subpoenas must be properly served on Global Sports, preferably by mailing the subpoena to Corporation Service Company, our nation registered agent. Please find below the Delaware address for Corporation Service Company:
Business Filings Incorporated Attention: Global Sports Inc. - Subpoena 108 West 13th Street Wilmington, Delaware - 19801 The United States of America
Global Sports does not accept service via e-mail or fax and will not respond subpoenas delivered by email or fax.
Global Sports Inc.
Attention: Legal Department
500 West 56th Street
New York, New York – 10019
The United States of America
Updates to this Agreement