Sportneer APP Terms of Use

If you are a user located in the United States or the European Economic Area (EEA), you will apply the following terms of use.

If you are not a user in the above countries or regions, please refer to your local terms of use.

 

Welcome to download the Sportneer App and use the products and services provided by Sportneer.

Last updated date: Jan. 4, 2021

 

Please be sure to read the Sportneer services and Terms of Use carefully and understand them thoroughly (hereinafter referred as the "Agreement"), and choose to accept or reject the agreement after full understanding. If you don’t agree to the agreement or any clause of the agreement, please stop downloading, installing, registering, and using the Sportneer App immediately. Once you download, install, register, and use the Sportneer App or start to use the services of Sportneer in other ways, you’ll be deemed to have read and agree to be bound by the agreement.

 

The company reminds you again to read carefully and fully understand the content of each clause, especially the disclaimer or restrict liabilities in bold or other conspicuous form.

 

  1. Subjects and Qualifications

(1) Contracting subject and scope of agreement

The agreement is a valid user license agreement between you and Shenzhen Thousandshores Technology Co., Ltd. (hereinafter referred as "the company") for downloading, installing, registering, and using the Sportneer App or any of its updates.

(2) Qualifications for downloading, installing, registering and using the App

If you are less than 13, you must not use the Sportneer App. If you are between 12 and 18 (or considered as the relevant age of a minor), you can download, install, register and use the Sportneer App only after your parent or supervisor agrees to the agreement (including his/her consent and consent on your behalf).

Make sure you are not the person of trade restrictions, sanctions implemented by any country, international organization or region, or limited by any law and regulation, otherwise you may not be able to download, install, register or use the Sportneer App normally.

 

  1. 2. Account Registration

(1) Currently the basic personal identity data and information are required for the Sportneer App to make further identity authentication or qualification verification. Only after these authentications and verifications are approved and you agree to the agreement can your account be able to use the relevant products or services.

(2) The Sportneer App will notify you of the progress of services and prompt you the next step by means of website announcements, pop-up messages in the software, emails, text messages, or phone calls.

(3) Your registered account is only for your own use. Without the written consent of the company, it is prohibited to give, lend, rent, transfer, sell or use other ways to permit others to use the account. If the company discovers that the user is not the initial registrant of the account, the company has the right to suspend or terminate the services provided to the registered account, and cancel the account without assuming legal liability.

(4) You are responsible for keeping your account and password confidential and for all activities that occur during use of your account and password (including but not limited to information disclosure, information release, online click to agree or submit various rules and agreements, online renewal of the agreement, or services purchase, etc.). The company cannot and will not be responsible for any loss incurred due to your failure to comply with the clauses of agreement. If you find anyone using your account and password without authorization, please notify the company immediately. You must understand and agree to the condition that it takes time for the company to take action based on your request, and the company does not assume any responsibility for any unfavorable result that have occurred before the action is taken. The account theft or loss due to malicious attacks by others or your own reasons or other irresistible factors should be responsible by yourself.

(5) To ensure you can enjoy better services provided by the company, please bind your Sportneer account with your Facebook, Apple, Google plus or Amazon account after its registration, and then understand and confirm. The company cannot and will not be responsible for any loss incurred due to the bound third-party accounts.

 

  1. 3. Services

(1) You have the right to enjoy the network technical services and information services provided by Sportneer. If you agree to this agreement, you are deemed to agree that the company will display relevant advertisements in the software during use.

(2) The equipment and telecommunications services produced in the use of Sportneer App and all related cost (like communication, traffic, network etc.), shall be borne by yourself.

(3) For professional service considerations, the company may also entrust affiliated companies or other legal entities to provide you with one or more specific services on Sportneer. At the same time, you may sign relevant agreements or terms with them. Please read carefully, fully understand the agreement and conditions, and then choose to accept or reject the agreement and conditions.

 

  1. 4. Protection of Privacies and Personal Information

Protecting your privacy and personal information is a basic policy for the company and Sportneer. For details, please refer to the "Sportneer Privacy Policy".

 

  1. 5. Intellectual Property

(1) The company is the owner of the Sportneer APP, its products, information content, and intellectual property. "Products" refers to the software and services, etc. provided to you by the company, its affiliated companies or its authorized subjects through Sportneer. "Information content" includes but is not limited to program codes, technical documents, interface design, layout framework, data, accounts, texts, pictures, graphics, icons, audio, video, etc., except for the rights that can be enjoyed by relative persons in accordance with laws and regulations.

(2) In order to better maintain the service environment of Sportneer, the company reserves the right to dispose of the products and content of the ownership and intellectual property belonging to the company at any time and in any way, including but not limited to revision, blocking, deletion or any other disposal methods permitted by laws and regulations.

(3) The company respects intellectual property rights. Sportneer will not use, modify, copy, publicly disseminate, change, distribute, issue or publicly publish the achievements of your intellectual property without your consent.

(4) During use, you may use the functions, software or services developed by a third party on the Sportneer App. You should comply with the relevant provisions of the agreement, and also comply with the relevant regulations of the third party and respect the related rights of the third party.

(5) In view of the above, you understand and agree these clauses: Without the consent of the company and related rights holders, you are not allowed to reverse engineer, decompile or disassemble Sportneer functions, software, and services, etc.; Promise that you won’t counterfeit or copy part of or whole Sportneer software, or similar software design program; At the same time, you are not allowed to directly or indirectly publish the above content or data in any media, rewritten or redistributed for publishing purposes or any other purpose. Otherwise, the company reserves the right to pursue legal liabilities for the above-mentioned actions.

(6) If you believe that the content of Sportneer may violate your legal rights and interests, you can submit a written notice to the company (feedback@sportneer.com). The company will deal with it as soon as possible after receiving the qualified notice of the intellectual property rights holder. On the premise of making commercially reasonable efforts, the company will not take any responsibility for you or any third party in any form for the delays, inaccuracies, or any damages caused by Sportneer functions, software, services and the content contained.

(7) You should respect the intellectual property rights and other legal rights/interests of the company and third parties, and ensure to protect the company and its employees, shareholders, partners etc. from losses or being affected by violations of the aforementioned rights and interests. The company reserves the right to terminate the provision of services to you when you violate the legal rights/interests of the company/or third parties.

 

  1. 6. Confidentiality

The company promises to keep the information that you submitted when downloading, installing, registering, and using the Sportneer services or the information acquired by the company confidential, and not to disclose your information to third parties unless:

(1) It can be provided in accordance with this agreement or other service agreements, contracts, online agreements, etc. between you and the company;

(2) It should be provided in accordance with the provisions of laws and regulations or the requirements of administrative, judicial and other authorities;

(3) It has been disclosed or can be obtained from the public domain on the premise of not violating the responsibilities stipulated in this agreement.

 

  1. 7. Disclaimer and Limits of Liability

(1) Please understand and agree that you shall be liable for any third-party claim resulting from your use of the Sportneer services, violation of the agreement, or any actions taken during your use of the Sportneer services. If these factors cause the company and its affiliated companies, employees, customers and partners to be claimed by a third party, you shall be responsible for handling and compensating for all losses suffered by the company and its affiliated companies, and bear corresponding legal liabilities.

(2) Within the permitted scope of applicable laws, the company shall not be liable for any indirect, punitive, special, or derivative losses related to or caused by the agreement.

(3) The company hereby reminds that you should abide by the laws and regulations of your applicable jurisdiction during the use of Sportneer services, shouldn’t endanger network security, and shouldn’t use Sportneer services to violate others’ reputation, privacy, intellectual property rights and other legitimate rights and interests. The company does not take any responsibility for your illegal or breach activities using the Sportneer services.

(4) Any information published by Sportneer and any opinions transmitted through Sportneer does not represent the position of the company, and the company is not responsible for its completeness, authenticity, accuracy or reliability. You should make your own judgments about the illegal, unethical, wrong or other inappropriate information that you may encounter, and the misclassified or deceptive posting content. In any case, any loss or injury caused by any information, including but not limited to any errors or omissions shall be born full responsibility by the relevant actors.

(5) If the company finds or receives complaints from others that you violated the agreement, the company has the right to interrupt or terminate your continuing use of the Sportneer App on the relevant hardware at any time without notice. Please understand and agree that the company has the right to punish or deal with violations of relevant laws and regulations or the provisions of the agreement based on reasonable judgments, and save relevant information in accordance with laws and regulations to report to relevant departments. You are solely responsible for all the responsibilities due to violations.

 

  1. 8. Change, Interruption or Termination of Sportneer Services

(1) In order to continuously improve your experience and Sportneer services, the company will continue to develop new services and provide you with software updates from time to time (these updates may come in forms of software replacement, modification, function enhancement, version upgrade, etc.). After the new version of Sportneer is released, the old version may not be available. The company does not guarantee that the old version will continue to be available, thus please check and download the latest version at any time.

(2) The company has the right to make changes to the agreement and its corresponding service rules, and announces or notifies users by means of web announcements, emails, site messages, text messages, etc. If you continue to use the services after changes, you are deemed to have fully read, understood and accepted the revised content, and will also follow the revised agreement.

(3) In view of the peculiarities of the Sportneer services (including but not limited to server stability problems, malicious network attacks and other situations beyond the control of the company may exist), you should agree that the company has the right to interrupt or terminate some or all of the Sportneer services (including paid services) at any time. Should them occur, the company will try its best to promptly announce and notify users with web announcements, emails, site letters, and text messages.

(4) Please understand that the company needs to conduct regular or irregular maintenance on Sportneer App. If such a situation brings service interruption within a reasonable period, the company should give notice as far as possible in advance, but the company takes no responsibility.

(5) If any of the following situations occurs, the company has the right to delete information, interrupt the services, and terminate the services (including paid services and free services) at any time, and also has the right to freeze or cancel part of or all functions of the Sportneer App without any responsibility to you or any third party. All the losses shall be borne by yourself solely:

1) The personal information you provided is not real.

2) You violated the laws, regulations, national policies or the rules stipulated in this agreement.

3) You didn’t pay for the paid services according to the rules.

4) You violated the legitimate rights and interests of individuals, social organizations, enterprises and institutions, including but not limited to insulting, slandering, abusing individuals, and defaming the goodwill or reputation of social organizations or enterprises, etc.

5) You damaged the image of supervision departments, state agencies and the government.

6) You broke or attempted to break the network security, including using technology or other means to sabotage or disrupt the websites of the company and Sportneer App.

7) You published or helped others to publish the above-mentioned information that does not comply with national regulations and/or the agreement (including but not limited to national secret security information, racial discrimination, obscene and pornographic information, etc.), or provided convenience, including but not limited to URL, BANNER link, etc. for others.

 

  1. 9. Force Majeure and Accidents

(1) Force Majeure

Force majeure refers to an event that you and the company cannot reasonably control, foresee, or avoid even if it has been foreseen, and the event will impede, affect or delay any party to fulfil its all or part of obligations in accordance with the agreement. It includes:

1) Natural disasters such as flood, hail, tsunami, typhoon, drought, and fire.

2) The agreement fails to be abided by due to the government or party actions, for example, the government authorities or the ruling party promulgate policies, laws, regulations and new measures.

3) Inability to perform or delayed performance caused by social abnormalities such as riots, wars, strikes but not including internal labor disputes between the two parties.

4) In view of the particularity of the Internet, force majeure also includes hacker attacks, virus attacks and other factors that affect the normal operation of the Internet.

When you or the company encounter force majeure within the duration of the agreement, neither party shall be liable for the loss or damage caused by non-performance or delayed performance due to the above-mentioned circumstances. However, if the force majeure occurs after one party’s delayed performance, the party cannot be exempted from responsibilities. The affected party shall notify the other party in writing immediately and provide relevant supporting documents within a reasonable period of time when a force majeure event occurs. When the force majeure continues for more than 15 days, either party may request the termination of the agreement.

(2) Accidents

In view of the particularity of network services, the accidents referred to in this agreement specifically refer to the following situations:

1) Public service factors such as power supply failures and communication network failures

2) Sportneer will maintain the system in a short period of time if it is announced or notified in advance.

3) Hacker attacks, computer virus intrusion or attacks

4) The computer system is damaged, paralyzed, or cannot be used normally.

5) Technical adjustment of the telecommunications sector

6) Temporary closure due to government control

7) Other accidents that are not caused by the company's fault

If the Sportneer cannot operate normally due to accidents, the company shall not be liable for any damages to you.

 

  1. Notification and Delivery

Please understand and agree that the company can send you notifications and related information through one or more ways such as web announcements, emails, site messages, text messages, phone calls, system messages, and instant messaging, and the company and Sportneer believes that the contact information you provided is complete, accurate and currently valid. The sending date of notification is deemed to have been delivered to the recipient.

Your information shall be delivered to the company through the company’s officially announced postal address, email address and other contact information.

 

  1. Application of Law and Jurisdiction

The signing, validity, interpretation, execution and dispute resolution of the agreement shall be applicable for the laws and regulations in your jurisdiction.

All disputes arising from the implementation of the agreement or related to the agreement shall be settled through friendly negotiation between you and the company. If a dispute cannot come to terms through negotiation, any party may file a lawsuit to the court.

 

  1. Others

(1) The company has the right to transfer all or part of Sportneer's rights and obligations to its affiliated companies by way of announcements, notices or emails on the Sportneer official website (https://sportneer.com).

(2) For matters not covered in this agreement, you and the company can sign a supplementary agreement to modify, supplement or adjust the current agreement after negotiation. The supplementary agreement is an integral part of this agreement. Once the supplementary agreement conflicts with this agreement, the supplementary agreement shall prevail.

(3) If the supplementary agreement is completely or partially repealed, invalidated or cannot be executed for some reasons, the validity and enforceability of the agreement or other agreements won’t be affected.

(4) The chapter headings of the agreement are only for the convenience of writing. They have no legal or contractual effect, and shall not be used as the basis for the interpretation of the agreement.

(5) The agreement takes effect from the date you download and install the Sportneer App on the hardware device.

 

Thousandshores Technology Co., Ltd