Terms of Service

1. Acceptance of Terms

1.1. These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and OnSportsNow, Inc. ("OnSportsNow," "we," "us," or "our"), concerning your access to and use of the OnSportsNow website at www.onsportsnow.com and any related services, features, content, applications, or websites offered by OnSportsNow (collectively, the "Services").

1.2. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Services.

1.3. These Terms incorporate our Privacy Policy, which explains how we collect, use, and share information.

2. Definitions

2.1. Throughout these Terms, the following definitions apply:

"Content"

Refers to all text, graphics, images, music, software, audio, video, information, or other materials available through the Services, whether posted, uploaded, transmitted, sent, or otherwise made available by OnSportsNow or its users.

"User Content"

Refers to Content that users submit, post, upload, transmit, or otherwise make available through the Services, including comments, feedback, suggestions, and votes.

"OnSportsNow Content"

Refers to Content that OnSportsNow makes available through the Services, including any Content licensed from a third party.

"Services"

Refers to the OnSportsNow website, mobile applications, APIs, and other related services.

"User"

Refers to any individual who accesses or uses the Services, whether or not they have an account with OnSportsNow.

3. Eligibility

3.1. You must be at least 13 years old to use the Services. If you are under 18 years old, you must have the permission of a parent or legal guardian to use the Services and agree to these Terms.

3.2. You represent and warrant that:

• You have the legal capacity to agree to these Terms under the laws of your jurisdiction;
• You are not barred from using the Services under applicable law;
• You will use the Services only for lawful purposes and in accordance with these Terms;
• You will provide accurate, current, and complete information when creating an account or using the Services;
• You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and
• You are not listed on any U.S. government list of prohibited or restricted parties.

4. Account Registration

4.1. Account Creation: To access certain features of the Services, you may need to register for an account. When you register, you must provide accurate, current, and complete information about yourself and keep this information up-to-date.

4.2. Account Responsibility: You are responsible for:

• Safeguarding your account credentials;
• All activities that occur under your account;
• Notifying us immediately of any unauthorized use of your account or any other breach of security.

4.3. One Person, One Account: Each person may maintain only one account. Accounts registered by "bots" or automated methods are not permitted.

4.4. Account Termination: We reserve the right to suspend or terminate your account, refuse service, remove or edit content, or cancel orders at our sole discretion, with or without notice, for any reason, including but not limited to violation of these Terms.

5. Content and Licenses

5.1. OnSportsNow Content

Subject to your compliance with these Terms, OnSportsNow grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the OnSportsNow Content solely for your personal, non-commercial use in connection with the Services. You may not modify, reproduce, distribute, display, perform, or create derivative works based upon the OnSportsNow Content except as expressly permitted by these Terms.

5.2. User Content

OnSportsNow may permit you to submit, post, upload, or otherwise make available User Content through the Services. You retain all ownership rights in your User Content, and OnSportsNow does not claim ownership of your User Content.

By submitting, posting, or otherwise making available any User Content, you grant to OnSportsNow a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Services.

5.3. User Content Representations and Warranties

You represent and warrant that:

• You own the User Content you submit or have all necessary rights to grant the licenses to the User Content as described in these Terms;
• The submission of your User Content does not violate the privacy rights, publicity rights, copyrights, contractual rights, intellectual property rights, or any other rights of any person or entity;
• Your User Content does not violate any applicable laws, regulations, or these Terms;
• Your User Content does not contain material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered illegal activity;
• Your User Content does not contain malware, viruses, or other harmful code;
• Your User Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic or monetary gain to third-party sites or boost search engine rankings.

5.4. Content Monitoring and Removal

OnSportsNow has the right, but not the obligation, to monitor, edit, or remove any User Content for any reason, including violation of these Terms or applicable law. OnSportsNow is not responsible for and does not endorse User Content. OnSportsNow does not have an obligation to retain or provide you with copies of your User Content.

6. Prohibited Uses

You agree not to use the Services to:

• Violate any applicable law, regulation, or these Terms;
• Infringe upon or violate the rights of OnSportsNow, our users, or third parties, including intellectual property rights, privacy rights, or publicity rights;
• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or harmful;
• Harass, threaten, or intimidate any person or entity;
• Engage in any conduct that restricts or inhibits any person from using or enjoying the Services;
• Use the Services for any unauthorized commercial purpose, including to advertise, offer to sell, or sell any goods or services;
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
• Attempt to bypass any measures of the Services designed to prevent or restrict access;
• Attempt to impersonate another user or person;
• Access the Services to build a similar or competitive website, product, or service;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material to the Services;
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose;
• Use any device, software, or routine that interferes with the proper working of the Services;
• Engage in any other conduct that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.

7. Intellectual Property Rights

7.1. OnSportsNow Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by OnSportsNow, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2. Trademarks

The OnSportsNow name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of OnSportsNow or its affiliates or licensors. You must not use such marks without the prior written permission of OnSportsNow. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

7.3. Feedback

Any feedback, comments, or suggestions you may provide regarding OnSportsNow or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

8. Third-Party Services and Content

8.1. Third-Party Services

The Services may contain links to third-party websites, services, or content that are not owned or controlled by OnSportsNow. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that OnSportsNow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

8.2. Sports Data and Information

OnSportsNow may display sports scores, statistics, news, and other information obtained from various third-party sources. This information is provided for entertainment and informational purposes only. While we strive to provide accurate and up-to-date information, we make no guarantees about the accuracy, timeliness, or completeness of any such information. OnSportsNow is not liable for any decisions you make based on this information.

8.3. Sports names, logos, and other trademarks displayed on the Services may be owned by professional sports leagues, teams, or other entities. Their presence on our Services does not imply any endorsement or affiliation between these entities and OnSportsNow unless explicitly stated.

9. Disclaimers

9.1. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONSPORTSNOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2. ONSPORTSNOW DOES NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

9.3. INFORMATION, INCLUDING SPORTS SCORES, STATISTICS, AND NEWS, PROVIDED THROUGH THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ONSPORTSNOW MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE SERVICES.

9.4. ONSPORTSNOW CANNOT AND DOES NOT GUARANTEE THAT ANY FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.

9.5. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONSPORTSNOW, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

10.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONSPORTSNOW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

10.3. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ONSPORTSNOW, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ONSPORTSNOW DURING THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) $100 USD.

10.4. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

11.1. You agree to defend, indemnify, and hold harmless OnSportsNow, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your User Content;
• Your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms;
• Your use of any information obtained from the Services;
• Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
• Any claim that your User Content caused damage to a third party.

12. Termination

12.1. Termination by OnSportsNow: OnSportsNow may terminate or suspend your access to all or part of the Services, including your account, at any time, with or without notice, for any reason, including without limitation your breach of these Terms.

12.2. Termination by You: You may terminate your account at any time by contacting us at [email protected] or by using the account deletion option in your account settings, if available.

12.3. Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.4. Data After Termination: We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

13.1. Governing Law: These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

13.2. Dispute Resolution: For any dispute you have with OnSportsNow, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. If OnSportsNow has not been able to resolve the dispute informally, we each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes") will be resolved as follows:

13.3. Arbitration Agreement

You and OnSportsNow agree that any Dispute shall be resolved by binding arbitration in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted in New York, New York, unless you and OnSportsNow agree otherwise. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses.

YOU AND ONSPORTSNOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and OnSportsNow agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

13.4. Opt-Out Right

You have the right to opt out of the binding arbitration and class action waiver described in this Section by sending written notice of your decision to opt out to [email protected] within 30 days of first accepting these Terms. The notice must include your name and address and a clear statement that you want to opt out of this arbitration agreement. If you opt out of arbitration, OnSportsNow may still seek arbitration for any claim against you but will not oppose your efforts to seek relief in small claims court for claims that qualify.

14. Changes to Terms

14.1. OnSportsNow reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

14.2. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.

14.3. You can review the most current version of the Terms at any time by visiting www.onsportsnow.com/terms.php.

15. Miscellaneous

15.1. Entire Agreement

These Terms, including any other legal notices, policies, and guidelines linked to or incorporated into these Terms, constitute the entire agreement between you and OnSportsNow regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

15.2. Waiver and Severability

No waiver by OnSportsNow of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver by OnSportsNow must be in writing to be effective.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15.3. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent but may be assigned by OnSportsNow without restriction. Any assignment attempted in violation of this provision shall be null and void.

15.4. No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

15.5. Force Majeure

OnSportsNow shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Contact Information

If you have any questions about these Terms, please contact us at: