Legal

Contents of this document:

SportOn End User Licence Agreement (EULA)
SportOn Privacy Policy

SportOn® End User Licence Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THIS WEB AND/OR APPLICATION OR DOWNLOADING THE CONTENT ACCOMPANYING THIS LICENSE. THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPORTON AB BY USING THIS WEB AND/OR APPLICATION OR DOWNLOADING CONTENT, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS WEB AND/OR APPLICATION OR DOWNLOAD ANY CONTENT APPLICABLE. THE APPLICATION AND THE CONTENT APPLICABLE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE APPLICATION AND ALL CONTENT IS LICENSED, NOT SOLD.

BY ACCEPTING THIS AGREEMENT WHEN CREATING A SPORTON ACCOUNT, EITHER THROUGH SPORTON OR A THIRD PARTY SUCH AS FACEBOOK IRELAND LIMITED, OR COMMENCING DOWNLOAD OF THE SPORTON SOFTWARE APPLICATION AT THIRD PARTY SITE OR APPLICATION STORE OR THE SPORTON SERVICE YOU CONFIRM THAT YOU ARE 18 YEARS OF AGE OR MORE, OR THAT YOU ARE 12 YEARS OF AGE OR MORE AND THAT YOU HAVE RECEIVED YOUR PARENT’S OR GUARDIAN’S CONSENT TO ENTER INTO THIS AGREEMENT, THAT YOU HAVE YOUR RESIDENCE IN ONE OF THE COUNTRIES IN WHICH SPORTON PROVIDES THE SPORTON SERVICE, THAT ANY REGISTRATION INFORMATION THAT YOU SUBMIT TO SPORTON IS TRUE, ACCURATE AND COMPLETE, THAT YOU WILL UPDATE SUCH INFORMATION IN ORDER TO KEEP IT CURRENT, AND THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

YOU ALSO ACCEPT THE LICENSE AGREEMENT YOU CONSENT TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THE END USER LICENSE AGREEMENT.

SPORTON AB.

SOFTWARE LICENSE AGREEMENT

Single Use License

1. General

The web and application (including code and other embedded software), documentation, interfaces, content, pictures, media, fonts, logos and any data that came with this application or can be downloaded or used by this web and/or application, as may be updated or replaced by feature enhancements, software updates or system restore software provided by SportOn, whether in read only memory, on any other media or in any other form are licensed, not sold, to you by SportOn for use only under the terms of this License. SportOn and its licensors retain ownership of the web and application Software itself and its contents and reserve all rights not expressly granted to you. SportOn, at its discretion, may make available future updates to the application. Updates, if any, may not necessarily include all existing software features, or new features that SportOn releases for newer applications.

2. Permitted License Uses and Restrictions

(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the web and/or application and it’s content provided by SportOn Except as permitted in Section 2(b) below, this License does not allow the application and it’s content to exist on more than one mobile at a time, and you may not distribute or make application or it’s content available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use SportOn proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party content.

(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download SportOn application Updates that may be made available by SportOn for your model of phone that you own or control.

(c) You may not and you agree not to, or to enable others to, copy and distribute content downloaded (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the web and/or application, or any services provided by SportOn, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the SportOn web and/or application). Any attempt to do so is a violation of the rights of SportOn and its licensors of the SportOn web and/or Application and content applicable.

(d) By storing content in your SportOn application you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The SportOn application may be used to store and use materials so long as such use is limited to this license and downloaded from SportOn, or any by SportOn controlled stores.

(e) You agree to use the SportOn web and/or application and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the SportOn web and/or application and Services.

3. Subscriptions

(a) Prices Pricing may change for subscriptions from time-to-time. If any, changed price will take effect after current paid for period expires. No changes of agreement will take part without communicated to end-users. Termination of your subscription due to price relating changes, in accordance with Section 3(c)(Termination). Continued use of the SportOn subscription after the communication of such price change to you constitutes an acceptance of such new price.

(b) Automatic subscription renewal Subscription to the SportOn Frequent Buyer Service will automatically renew at the end of each subscription term unless you terminate your subscription at least three days before next recurring payment term in accordance with Section 3(c)(Termination). Such renewal will always be for a monthly subscription term. At the time of renewal the payment method you have designated to be charged for the purchase of the SportOn Frequent Buyer Service will automatically be charged with the applicable amount.

(c) Termination You may cancel your subscription of the SportOn Frequent Buyer Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for. The cancellation must take place at least three days before next recurring payment. SportOn will not refund any remaining portion of subscription fees you have already paid for. We reserve the right to terminate this Agreement or suspend your SportOn account at any time in case of unauthorized, or suspected unauthorized, use of the Services provided. If SportOn terminates this Agreement, or suspends your SportOn account for any of the reasons set out in this section, SportOn shall have no liability or responsibility to you, and SportOn will not refund any amounts that you have previously paid.

4. Transfer

You may not rent, lease, lend, sell, redistribute, or sublicense the SportOn web and/or application or content applicable.

5. Consent to Use of Data

(a) Anonymous Diagnostic and Usage Data. You agree that SportOn and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your SportOn application, mobile, system and other software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the SportOn application, and to verify compliance with the terms of this License. SportOn may use this information, as long as it is collected anonymously in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

(b) Location Data. SportOn and its partners and licensees may provide certain services through your SportOn application that rely upon location information. To provide and improve these services, where available, SportOn and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your SportOn application, and location search queries. The location data and queries collected by SportOn are collected in a form that does not personally identify you and may be used by SportOn and its partners and licensees to provide and improve location-based products and services.

(c) Interest-Based Advertising. SportOn may provide mobile, interest-based advertising to you. If you do not want to receive relevant ads on your phone, you can opt out by sending a mail to SportOn. If you opt out, you will continue to receive the same number of mobile ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to the content on a web page or in an application or based on other non-personal information. This opt-out applies only to SportOn advertising services and does not affect interest-based advertising from other advertising networks.

6. Privacy Policy

When you register a SportOn account, we will request some personal information. Your personal information is required for us to be able to:

(a) Provide our users with such products and services that they have purchased or requested

(b) Communicate with our users concerning account and customer service issues.

(d) Ensure the technical functioning of our products and services,

(e) Maintain, ensure and develop new products and services,

(f) Secure the copyright-protected content of SportOn, the Service and the SportOn Website as well as future SportOn products and services,

(g) Ensure that our users are in compliance with our “End User License Agreement”

7. Services and Third Party Materials

(a) The SportOn web and/or application enables access to SportOn, or by SportOn controlled Stores, and third party services and web sites (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept this terms. By using this application in connection with a Store account, you agree to the latest Terms and Conditions.

(b) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that SportOn shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

(c) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that SportOn is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SportOn, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

(d) Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither SportOn nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or location data or any other data displayed by any Services.

(e) You agree that the Services contain proprietary content, information and material that is owned by SportOn and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or SportOn. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SportOn is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

(f) In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the SportOn application are not available in all languages or in all countries or regions. SportOn makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. SportOn and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SportOn be liable for the removal of or disabling of access to any such Services. SportOn may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

8. Termination of License

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from SportOn if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the SportOn application. Sections 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination.

9. Your general responsibilities

Registration of the SportOn application in conditional to the entering into of tis Agreement. You hereby authorize SportOn to debit your credit card number submitted by you. You undertake to submit correct and complete information in the registration form and to currently update this information. All SportOn applications will be accessible after identification with user identity and Password. The Password is strictly personal and confidential. You undertake not to hand the Password over to any third party. You undertake to without delay report any errors in the SportOn application to SportOn. You are solely responsible for fees to telephone operators and any others costs related to the use of the SportOn application.

10. Responsibility for the SportOn application

You are responsible for any amount debited the submitted credit card number due to unauthorized use by any third party, provided however that you have handed over the user identity and the Password to a third party, by gross negligence has lost access to the SportOn application,

in any other way have lost access to the SportOn application and now
without delay have reported this to SportOn. You undertake to
immediately report any suspicion of unauthorized use of the SportOn
application.

11. Responsibility for personal Password

Each user has a personal Password in order to access the SportOn applications. You undertake not to reveal the Password ta any third party, not to chose a Password that has any connection with your social security- and telephone number, to see to it that any note of the Password is not made in a way that a third party can assume that the note relates to a personal Password, to immediately destroy any message regarding the Password as soon as you have read it, to immediately report to SportOn if it can be suspected that an nauthorized person has received information regarding the Password. Any purchase from SportOn as made by way of use of the Password. You are assumed to having approved that any amount is debited to the credit card number.

12. Use of the payment service

Your permission to use the payment service only for the purposes of purchasing services from SportOn.

13. Provider of the SportOn application

You are hereby informed that the SportOn application is provided by ANV Media Network LTD (Cypriot registration number 280342), Panagias Evangelistrias 107B, Kato Polemidia, 4156 Limassol, Cyprus.

14. Disclaimer of Warranties.

14.1 If you are a customer who is a consumer (someone who uses the SportOn application outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

14.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SPORTON APPLICATION AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

14.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPORTON APPLICATION AND SERVICES PERFORMED BY THE SPORTON APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPORTON AND SPORTON’S LICENSORS (COLLECTIVELY REFERRED TO AS "SPORTON" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SPORTON APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

14.4 SPORTON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SPORTON APPLICATION AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE SPORTON APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SPORTON APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SPORTON APPLICATION OR SERVICES WILL BE CORRECTED, OR THAT THE SPORTON WEB AND/OR APPLICATION WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS APPLICATION MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES.

14.5 YOU FURTHER ACKNOWLEDGE THAT THE SPORTON APPLICATION AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SPORTON APPLICATION OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

14.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPORTON OR AN SPORTON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SPORTON APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

IN NO EVENT SHALL SPORTON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATION AND/OR WEBSITE’S, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APPLICATION AND/OR WEBSITE’S, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION AND/OR WEBSITE’S BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPORTON APPLICATION AND/OR WEBSITE’S, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (VI) ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SPORTON APPLICATION AND SERVICES OR ANY THIRD PARTY CONTENT IN CONJUNCTION WITH THE SPORTON APPLICATION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SPORTON SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. In no event shall SportOn’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

16. Digital Certificates

The SportOn application contains functionality that allows it to accept digital certificates either issued from SportOn or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY SPORTON OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPORTON MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.

17. Controlling Law and Severability

This License will be governed by and construed in accordance with the laws of Sweden, excluding its conflict of law principles.

18. Complete Agreement; Governing Language

This License constitutes the entire agreement between you and SportOn relating to the SportOn web and/or application and content applicable and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SportOn. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

19. Third Party Acknowledgements

Portions of the SportOn web and/or application may utilize or include third party content and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the SportOn, and your use of such material is governed by their respective terms.

20. SportOn Social

The SportOn Software Application has features that allow you to make your profile publicly available, share links to videos previewed or purchased, playlists with other users of the SportOn Service, integrate your activities on the SportOn Service with functionality offered by third party social networking services, including Facebook and Twitter, including to connect your SportOn account to your Facebook account (“SportOn Social”). If you choose to activate SportOn Social, including choosing to connect to a Facebook account, your SportOn profile, including your Facebook user name and Facebook profile photo, will become publicly viewable to other users of the SportOn Service in the SportOn Software Application. If you connect your SportOn account to a Facebook account, in the preferences pane you can choose whether or not to automatically share your listening activities to Facebook, including whether or not to publish your playlists when created, to other SportOn Social users or to Facebook if you have activated sharing to Facebook. You agree that SportOn is not responsible for content once it is shared to Facebook. If you use SportOn Social, you must respect other users of the SportOn Service in your interactions with them. SportOn reserves the right, in its absolute discretion, to disable your account if it believes that you are violating this principle. Unacceptable behaviour will result in your account being terminated and you being blocked from accessing the SportOn Service. Examples of unacceptable behaviour include, but are not limited to:

21. NHL

The National Hockey League and certain of its affiliates (including its member clubs) (collectively, the “NHL Entities”) are the providers of various Third Party Materials made available in connection with the SportOn Application and Services. You acknowledge and agree that each of the NHL Entities is a third-party beneficiary under this License with the right to enforce its terms against you, including those terms set forth in Section 7 and Section 8 above. WITHOUT LIMITING THE FOREGOING, AND NOTWITHSTANDING ANYTHING IN THIS LICENSE TO THE CONTRARY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (i) IN NO EVENT SHALL ANY OF THE NHL ENTITIES, OR ANY OF THEIR OFFICERS, DIRECTORS, GOVERNORS, AGENTS, STOCKHOLDERS, EMPLOYEES, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, IN CONTRACT, TORT OR OTHER CAUSE OF ACTION, IN CONNECTION WITH THIS LICENSE, INCLUDING WITH RESPECT TO THE THIRD PARTY MATERIALS, THE SPORTON APPLICATION OR THE SERVICES, AND (ii) SHOULD YOU SUFFER ANY SUCH DAMAGES, YOUR SOLE AND EXCLUSIVE REMEDY (IF ANY) WILL BE TO ASSERT A CLAIM AGAINST SPORTON, SUBJECT TO AND TO THE EXTENT PERMISSIBLE UNDER THE TERMS AND CONDITIONS OF THIS LICENSE.

22. Changes to End User Licens Agreement

SportOn reserve the right to modify this End User Licens Agreement at any time. Please review this End User Licens Agreement from time to time to ensure your familiarity with its terms. Your continued use of the SportOn websites and applications, constitutes your acceptance of the terms of this End User Licens Agreement, as amended from time to time. This End User Licens Agreement relates to all on-line and off-line activities of the SportOn Parties.

Last updated as of April 22, 2012

SportOn® Privacy Policy

Your privacy is important to us. So we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. This policy governs the practices of SportOn service including web, mobile applications and any subdomains (collectively, the ”SportOn parties”, ”us”, ”our” and ”we”).

1. Collecting of personal information

The information collected through SportOn websites and/or mobile applications is collected on behalf of, and may be shared with, all members of the SportOn parties including without limitation to affiliates and content partners, and each of their respective parents and affiliates. For example, when you visit SportOn websites and/or application, we may collect personal information from you such as name, home address, e-mail address, age, favorite videos, purchase history, products used or searched for, phone number used to call customer service and credit card information for purposes such as events and contests; registrations for our newsletter, multimedia offerings such as, social media pages, chat rooms, bulletin boards and other public forums. We may collect personal information with your consent or as required or permitted by law. In addition, when you use the SportOn Software Application, SportOn Service and SportOn Websites, we will automatically receive information about your use of the application, service and website including information such as media that you access, queries you make, the URL of the website from which you use or access the SportOn Service, date and time of your request, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, your operating system and application version.

Social Networking. You also can engage with our content, such as video, websites, applications, and other offerings, on or through third-party social networking sites, such as Facebook, and SportOn parties or third-party social media plug-ins and applications. When you engage with our content on or through third party social networking sites, plug-ins and applications, you may allow us to have access to certain information from your social media profile (e.g., name, e-mail address, photo, gender, birthday, location, your list of friends, people you follow and/or who follow you, your posts or 'likes') to deliver the content or as part of the operation of the application. We may also obtain non-personally identifiable information (e.g., content viewed, game performance, high scores, and information about advertisements within the content you have been shown or may have clicked on) from your interaction with our content. We may combine information which we obtain through social networking sites or applications with information we obtain directly from SportOn websites and/or applications or from other sources.

When you allow us to access information from your social media account, it can enable us to do things like (1) deliver exclusive content to you, (2) personalize your online experience with us within and outside our applications or websites, and (3) contact you through the social networking sites or directly using your contact information. By engaging with our content through social networking sites or applications, you consent to the use of this information in accordance with this Privacy Policy. Please note that when you provide personal information in publicly visible areas of social networking sites or applications, it may be viewed by other members of these sites and we cannot prevent further use of the information by third parties.

If you would like more information on our personal information sharing practices or the choices you have with regard to your data, please email privacy@sporton.com

3. Transfer of personal information to other countries

SportOn processes personal information on servers in a number of countries. We may therefore transfer and process your personal information on a server outside your country or subcontract our processing to third parties located in such countries, including countries outside the European Economic Area. However, we will always do so in accordance with this SportOn Privacy Policy and applicable law. By approving the SportOn Privacy Policy, you consent to such transfer of your personal information.

4. Cookies

By using SportOn’s websites and/or software you are giving your consent to the use of cookies (files which are sent by us to your computer or other access device) that we can access when you visit our service in the future. We do this to help improve the user experience of the website.

You can set your Internet browser preferences to notify you when you receive a cookie or decline acceptance of cookies. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our websites.

5. Security

We have adopted reasonable security measures, appropriate to the

sensitivity of the personal information, against unauthorized access,

disclosure, loss or destruction of personal information. These

measures may include technological, physical and organizational

methods of security.

6. Links

We may display links to third party websites. Please note that we cannot control and cannot be held responsible for the privacy policies of such websites. You should always read the privacy policy of a website to find out more about how personal information is collected and processed.

7. Changes to Privacy Policy

SportOn reserve the right to modify this Privacy Policy at any time. Please review this Privacy Policy from time to time to ensure your familiarity with its terms. Your continued use of the SportOn websites and applications, constitutes your acceptance of the terms of this Privacy Policy, as amended from time to time. This Privacy Policy relates to all on-line and off-line activities of the SportOn Parties.

8. Choice of Law

If any disputes arise between us regarding your use of the SportOn service, such disputes shall be resolved according to the laws of Sweden, without regard to its choice-of-law.

9. Your California Privacy Rights

California Law permits our customers who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@sporton.com.

10. English version prevails

In the event that this Privacy Policy 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.

If you have any concerns, questions or thoughts on how we can improve our privacy policy, please let us know by sending an email to legal@sporton.com.

Last updated: October 17, 2012

SportOn Video Ringtones for sports fans