Introduction

Welcome to ZenSports. These Terms of Service (“Terms”) govern your access to and use of the services, websites, and applications (“Services”) offered by ZenSports, Inc., a Delaware corporation (“we”, “us”, “our”, or “ZenSports”). By using our Services, and/or accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to these Terms, along with the terms and conditions as stated in our privacy policy (“Privacy Policy”). Please refer to the section below entitled “Privacy Policy” for more information.

Responsible Use and Conduct

By using our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, you agree to use these Services only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

By your use of the Services, you acknowledge and agree that:

  1. In order to access our Services, you may be required to provide certain information about yourself (such as Facebook profile information, identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date. You acknowledge that we have the right, upon written request, to receive proof of the accuracy of all information you provide to us through the Services or otherwise.
  2. ZenSports uses your Facebook profile as the primary mechanism for you signing up, logging into your account, retrieving a forgotten password, or resetting your password. As such, anyone who has login capabilities to your Facebook account will also have the capability to reset and/or retrieve your ZenSports account and password. As such, you are responsible for maintaining the confidentiality of any Facebook login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account.
  3. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained in these Terms, and may incur criminal or civil liability for any such unauthorized activities.
  7. You affirm, represent and warrant to us that you own or have the necessary licenses, rights, consents, and permissions to publish any and all data that you enter into or through the Services or otherwise submit to us (“Data”). You hereby license to ZenSports all patent, trademark, trade secret, copyright or other proprietary rights in and to such Data for any and all purposes, including but not limited to, the publication of such Data. For the avoidance of doubt, you retain all of your ownership rights in the Data you provide to us. However, by submitting Data to us, you grant ZenSports a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Data in connection with the Services and all of our (and our successors’ and affiliates’) businesses, including without limitation, for promoting and redistributing the Data in any media formats and through any media channels that we in our sole discretion deem appropriate.
  8. In addition to our use of the Data, we may provide various open communication tools through our Services, such as news feed posts and comments, blog posts and comments, public chat, forums, message boards, groups, product ratings and reviews, various social media services, etc. You understand that we do not pre-screen or monitor the Content posted by users (“Content”) of these various communication tools, which means that if you choose to use these tools to submit any type of Content through our Services, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools, you agree that you will not upload, post, share, or otherwise distribute any Content that:
    • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • Contains any type of unauthorized or unsolicited advertising; or
    • Impersonates any person or entity, including any ZenSports employees or representatives.

    We have the right to remove any Content that we, in our sole discretion, determine (a) does not comply with these Terms or (b) is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such Content. If you post Content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  9. We do not assume any liability for any Content posted by you or any other third party users of our Services. By posting or otherwise submitting to us any and all Content using any open communication tools on our Services, you grant to us a perpetual, irrevocable, worldwide, royalty-free, license to all such Content which give us the right to, without limitation, reproduce, modify, adapt, translate, publish, publicly display and/or distribute such Content as we see fit. This only refers and applies to Content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process in order to use our Services. All information provided as part of our registration process is covered by our Privacy Policy.
  10. You agree to indemnify and hold harmless ZenSports and its affiliates, and their respective directors, officers, investors, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Payments and Billing for Players

If you are a Player registering for any organized competition through our Services, and that organized competition requires a paid entry fee (for example, a league or tournament where the cost to enter is greater than $0), you will be required to pay for the competition via credit card through ZenSports’ online or mobile payment system (“Payment System”). ZenSports does not provide any refunds under any circumstances for any payments you make to us. All payments made by you to ZenSports are non-refundable, regardless of how you view the performance of our Services and/or regardless of your intentions when paying for our Services.

If you register and pay for a competition through our Payment System, and end up not being able to participate, you will need to work out the situation directly with the director of the competition. ZenSports is not responsible for any reason for your failure to participate in any organized competition that you register and pay for through our Payment System.

Should you submit a chargeback to your credit card company for any payments made to ZenSports, you agree to allow ZenSports to process a new payment on your credit card for the original amount of the entry fee paid plus a $50 investigation fee for having to submit evidence against your claim. Should you win your chargeback case against ZenSports, you agree that ZenSports will send your account to a collection agency, which may have an adverse affect on your credit report/score. ZenSports also reserves the right to pursue any and all legal action against you to reclaim all monies that you owe to our company under these Terms.

If you wish to pay for a competition in cash, you must make such arrangements directly with the director of the competition. ZenSports is not responsible for any payments made via cash to directors outside of the ZenSports Payment System, and you agree to hold ZenSports harmless for any cash payments that you make outside of our Payment System.

Payments and Billing for Competition Directors

If you are the creator of an organized competition within ZenSports, or you get added as a director to an organized competition by the creator, you will be designated as a Director for that competition (“Director”). As a Director that requires paid entry fees from players (for example, a league or tournament where the entry fee is greater than $0), you understand and agree that Players can pay for any and all such entry fees directly to ZenSports via credit card through our Payment System. While you can also give Players the option to pay you directly via other means, you can not prevent Players from paying for entry fees via credit card through the ZenSports Services if they choose to do so. This includes both in advance and on the day of a competition. If Players pay for an organized competition via credit card through ZenSports, you must honor all such entry fees, and you can not require the Player to pay you again for the competition via other means.

For all payments received by ZenSports via credit card from Players for your competitions, ZenSports will hold such payments for up to 3 business days after the date of competition before transferring those funds to your bank account. Because payments made directly to ZenSports via credit card by Players will not get to your bank account by the day of the competition, you are still required to have sufficient funds on hand to pay all necessary prize payouts to Players. ZenSports requires that you pay all Players all prize money promised to them by no later than the final day of the league or tournament.

Any Player complaints about your inability or refusal to accept their paid entry fees via credit card through ZenSports, or your inability or refusal to pay promised prize money, will result in ZenSports investigating the matter. If ZenSports finds you, the Director, to be at fault for any of these violations, ZenSports will immediately suspend your ability to create organized competitions through our Services. ZenSports will also debit your bank account or withhold any shortage amounts for Player entry fees or prize monies that weren’t honored, so that ZenSports may take care of making the Players whole.

Once you build up a history of running successful, organized competitions within ZenSports, you may submit a request to us to receive Player payments within 1 business day after the Player submits a payment to us (instead of waiting 3 business days after the competition has ended). ZenSports reserves the right to approve or not approve all such requests as we see fit. We also reserve the right to revoke such permissions for any reason at our discretion.

ZenSports charges Directors a 10% fee (“Service Fee”) of the total entry fees that are paid by credit card through our Payment System for any organized competition within ZenSports. ZenSports will automatically deduct this Service Fee prior to transferring Player payments to your bank account, which means you’ll receive a net payment equal to the credit card payments paid by Players, minus the Service Fee amount.

ZenSports reserves the right at any time to change the Service Fee amount, or to change which features in its Services require paid access or an additional paid account. ZenSports will provide all users with at least 14 days advance notice through this Terms of Service page before implementing any such changes.

If you attempt to circumvent paying for Services as required by these Terms, then ZenSports reserves the right to terminate any and all accounts that are in violation of these Terms, and you will lose any and all data associated with such accounts.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of these Terms. To read our Privacy Policy in its entirety, click here.

Limitation of Warranties

By using our Services, you expressly acknowledge and agree that all Services we provide are “as is” and “as available”. We do not represent or warrant to you or offer you any assurance whatsoever that:

  1. The use of our Services will meet your needs or requirements.
  2. The use of our Services will be uninterrupted, timely, secure or free from errors or bugs.
  3. The information obtained by using our Services will be accurate or reliable, and
  4. Any defects in the operation or functionality of any Services we provide will be repaired or corrected.
    Furthermore, you expressly acknowledge and agree that:
  5. Any Content downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such Content.
  6. No information or advice, whether expressed, implied, oral or written, obtained by you from ZenSports or through any Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly acknowledge and agree that any claim against us shall be limited to the amount you paid, if any, for use of our Services. ZenSports will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content, materials, and data available on ZenSports, including but not limited to text, graphics, website name, code, images, logos, data, or any other information that can be found on ZenSports, are the property of ZenSports, and are protected by applicable copyright and trademark law. Any prohibited or inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any data or other content on ZenSports is strictly prohibited, unless specifically authorized in writing by ZenSports.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Services with or without notice and for any or no reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

We do not honor requests to delete user accounts from our system. Once you create an account, it will remain in our database, system, et. al for as long as we choose to leave it there.

Governing Law

These Services are controlled by ZenSports from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our Services, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through this site.

Furthermore, any action to enforce these Terms shall be brought in the federal or state courts located in San Francisco, California, USA, You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Disclaimer

UNLESS OTHERWISE EXPRESSED, ZENSPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Revisions

We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

These Terms were last updated on June 6, 2017.