Terms of Service

Terms of Service

Effective date: November 21, 2024

These terms of service (“TOS”) constitute a legally binding agreement between you and SumerSports LLC and its affiliates and representatives (collectively, “Sumer”) concerning your use of the website available at https://platform.sumersports.com and all other Sumer mobile and/or web-based applications, technologies, facilities and platforms (collectively, the “Sumer Platform”) operated by Sumer. By accessing and using the Sumer Platform, you agree to be bound by these TOS. Sumer provides the Sumer Platform subject to your compliance with these TOS. If you are unwilling or unable to be bound by the TOS, please exit the Sumer Platform now. Sumer may terminate or suspend your Account and/or use of the Sumer Platform at any time without prior notice.

Your sole recourse for dissatisfaction with the Sumer Platform, or any products, services, content, or information available on or through the Sumer Platform, is to stop using the Sumer Platform.

Sumer may amend these TOS from time to time by updating these TOS. Your continued use of the Sumer Platform will indicate your acceptance of the revised TOS, the terms of which you will be bound.

Definitions

(a) Parties. A “user” is someone who accesses or in any way uses the Sumer Platform. “We,” “us,” and “our” refer to Sumer and its affiliates and representatives. “You” and “your” refer to you as a user of the Sumer Platform.

(b) Content. “Content” means, text, images, photos, audio, video and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Sumer Platform. “User Content” means Content that users submit or transmit to, through, or in connection with the Sumer Platform. “Sumer Content” means Content that we create and make available in connection with the Sumer Platform. “Third Party Content” means Content that originates from all parties other than Sumer or its users, which is made available in connection with the Sumer Platform. “Sumer Platform Content” means all of the Content that is made available in connection with the Sumer Platform, including Your Content, User Content, Sumer Content, and Third Party Content.

(c) Account. “Account” means the account you create to access or use the Sumer Platform.

Using the Sumer Platform

(a) Eligibility. In order to access or use the Sumer Platform, you must have an Account and subscribe to the Sumer Platform. You will not be granted access to the Sumer Platform without a valid Account, subscription or plan. You may not access or use the Sumer Platform if we have previously banned you from the Sumer Platform or closed your Account

(b) Permissions to Use the Sumer Platform. We grant you permission to use the Sumer Platform subject to these TOS. Your use of the Sumer Platform is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

(c) Sumer Platform Availability. The Sumer Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

(d) Accounts; User Information; Service Data. You must supply certain personal information (“User Information”) to create an Account and use and access some or all of the Sumer Platform. Sumer will treat all such User Information as described in our Privacy Policy, which is incorporated herein by reference. All User Information that you provide must be accurate, complete, and current. You grant Sumer and its representatives the right to store, process and retrieve such User Information in connection with your use of the Sumer Platform. You are responsible for maintaining the confidentiality of all User Information. Accordingly, you are responsible for all resulting liability if usernames, passwords, etc. are used by any party not authorized to use and access the Sumer Platform, and you must immediately notify Sumer of any unauthorized use of your Account. You hereby grant Sumer the right to access, use, process, copy, distribute, perform, export, and display User Information, only as reasonably necessary (a) to provide the Sumer Platform to you (including the transfer of User Information to Sumer); (b) to prevent or address service, security, support, or technical issues; and (c) as required by law. Although we request that the entities with which we do business observe the guidelines of our Privacy Policy, we cannot be responsible for what they do with the User Information that you provide. You are responsible for maintaining appropriate security, protection and backup of your User Information, hardware, software, systems, information and all other data. As you use the Sumer Platform, the Sumer Platform collects data pertaining to the performance of the Sumer Platform and measures of the operation of the Sumer Platform (the “Service Data”). Notwithstanding anything else to the contrary herein, provided that the Service Data is aggregated and anonymized, and no User Information or any other personal identifying information is revealed to any third party, you agree that Sumer is free to use the Service Data in any manner. Sumer owns all right, title, and interest in and to such Service Data.

Master Agreement.

If you are accessing or using the Sumer Platform by, through or under a contractual agreement with SumerSports LLC. (“MSA”), the terms of the MSA will govern your use of the Sumer Platform in addition to these TOS. In the event of any conflict between these TOS and the MSA, the terms of the MSA shall prevail to the extent of the conflict.

Content

(a) Responsibility for Your Content. You are responsible for Your Content, and once posted to Sumer, you may not be able to withdraw or remove it. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content. You may not imply that Your Content is in any way sponsored or endorsed by Sumer. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these TOS.

(b) Our Right to Use Your Content. By posting Your Content to the Sumer Platform, you acknowledge and agree that we may use Your Content in our discretion, including publicly displaying it on the Sumer Platform, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). You hereby irrevocably grant Sumer a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Sumer Platform and any Other Media the right to access Your Content in connection with their use of the Sumer Platform and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Sumer and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

(c) Ownership. As between you and Sumer, you own Your Content. We own the Sumer Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Sumer Platform Content), computer code, products, software, ratings, and all other elements and components of the Sumer Platform excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Sumer Content and the Sumer Platform, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute or create derivative works or adaptations of, publicly display or in any way use or exploit any of the Sumer Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Sumer Platform and the Sumer Content are retained by us.

(d) Advertising. Sumer and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Intellectual Property Information

You acknowledge that Sumer owns all right, title and interest in and to the Sumer Platform, including all intellectual property rights therein. Sumer does not warrant or represent that your use of materials displayed on, or obtained through, the Sumer Platform will not infringe the rights of third parties.

“Sumer” and “Sumer Sports” are trademarks of Sumer. All other trademarks are trademarks or registered trademarks of their respective owners. It is illegal to use any trademark, service mark, logo, and/or trade name of Sumer without express permission.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials hosted by Sumer infringe upon your copyright, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Sumer a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. Notices and counter-notices for the Sumer Platform should be sent to report@sumersports.com.

Third Party Websites

Portions of the Sumer Platform may include links to websites operated by third parties (i.e., websites that are not owned or operated by Sumer). Use of third party websites is at your own risk. Sumer makes no warranty of any kind in connection with any third party website or any information, products, services, or materials available on or through any third party websites. Sumer does not endorse, and shall not be liable in connection with, any information or services available on or through any third party websites. Third party websites may have their own agreements or policies governing use of their websites.

User Conduct

You represent and warrant that your use of the Sumer Platform will comply with all local, state, and federal laws and regulations, and you are solely responsible for ensuring that your use of the Sumer Platform is in compliance with such applicable laws and regulations. You agree not to restrict or inhibit any other user from using and enjoying the Sumer Platform. This includes, without limitation: (a) using, or attempting to use, any Account without the owner’s permission, (b) obtaining or soliciting another person’s password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to Sumer, the Sumer Platform’s systems, or other entities.

You further represent and warrant that you will not, and will not assist, encourage, or enable others to use the Sumer Platform to:

1. Violate these TOS;
2. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
4. Promote a business or other commercial venture or event, or otherwise use the Sumer Platform for commercial purposes;
5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Sumer Platform’s search results;
6. Solicit personal information from minors, or submit or transmit pornography;
7. Violate any applicable law;
8. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sumer Platform or Content (other than Your Content), except as expressly authorized herein or by Sumer;
9. Use any robot, spider, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Sumer Platform or any Content, except as expressly permitted by Sumer;
10. Reverse engineer any portion of the Sumer Platform;
11. Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Sumer Platform or on any materials printed or copied from the Sumer Platform;
12. Record, process, or mine information about users or Accounts;
13. Reformat or frame any portion of the Sumer Platform;
14. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Sumer Platform’s technology infrastructure or otherwise make excessive traffic demands of the Sumer Platform;
15. Attempt to gain unauthorized access to the Sumer Platform, Accounts, computer systems or networks connected to the Sumer Platform through hacking, password mining or any other means;
16. Use the Sumer Platform or any Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
17. Use any device, software or routine that interferes with the proper working of the Sumer Platform, or otherwise attempt to interfere with the proper working of the Sumer Platform;
18. Use the Sumer Platform to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Sumer Platform or Content; or
19. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sumer Platform, features that prevent or restrict the use or copying of the Content, or features that enforce limitations on the use of the Sumer Platform.

You are solely responsible for determining whether Your Content and any material you post, store, or transmit on the Sumer Platform complies with the foregoing and the rights of third parties. Sumer may refuse to post, or may remove at any time, any Content, information or material, in whole or in part, that Sumer determines in its sole discretion is unacceptable, offensive, or in violation of these TOS.

Indemnity

You agree to indemnify, defend, and hold harmless Sumer, its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, contractors and representatives (collectively, the “Sumer Entities”) from  and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Sumer Platform, (ii) your violation of these TOS and/or (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Sumer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Sumer. Sumer will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SUMER TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SUMER PLATFORM, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SUMER PLATFORM IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT SUMER MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. SUMER MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, SUMER IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SUMER PLATFORM’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SUMER PLATFORM, SUMER PLATFORM UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SUMER PLATFORM.
SUMER MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SUMER PLATFORM OR THAT OFFER GOODS OR SERVICES THROUGH THE SUMER PLATFORM, OR THE SUMER PLATFORM’S USERS. ACCORDINGLY, SUMER IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE USERS, BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SUMER PLATFORM. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SUMER PLATFORM IS AT YOUR OWN DISCRETION AND RISK.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SUMER PLATFORM SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SUMER PLATFORM.
SUMER’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR USE OF THE SUMER PLATFORM OR THESE TOS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO SUMER IN CONNECTION WITH THE SUMER PLATFORM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
SUMER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUMER WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Further Terms

These TOS shall be governed by the laws of the State of Delaware exclusive of its choice of law rules. Any action brought in connection with these TOS or the Sumer Platform shall be brought exclusively in the state or federal courts located in the State of Delaware, United States of America, and you irrevocably consent to the jurisdiction of such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.

In the event that any provision of these TOS is held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect.

These TOS contain the entire agreement between you and Sumer regarding your use of the Sumer Platform, and supersede any prior agreement between you and Sumer on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these TOS.

You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Sumer as a result of these TOS or your use of the Sumer Platform. 

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Nothing contained in these TOS shall be construed to limit the actions or remedies available to Sumer with respect to any prohibited activity or conduct. Non-enforcement of any of these TOS does not constitute consent or waiver, and Sumer reserves the right to enforce such term at its sole discretion. These TOS may not be waived, except pursuant to a writing executed by Sumer.