Terms of Use
Listmysport website is owned and managed by Fitt High Performance Centre (FittGROUP). These Terms of Use are for this website,
https://listmysport.com as provided by FittGROUP.
Agreement to Use
By using and or visiting
https://listmysport.com you have indicated your agreement to this Terms of Use and any other Terms of Use FittGROUP introduce. FittGROUP reserves the right to amend this Terms of Use at any time by posting changes online and it is your responsibility to refer to and comply with these terms whilst accessing or using Listmysport website. The website “Terms of Use” and the associated “Privacy Policy” and “Cookie Policy” govern user access to and use of the website. You should read this Terms of Use and the “Privacy Policy” and “Cookie Policy” carefully before using Listmysport website. By accessing or using this website, you are signifying that you agree to be bound by the Listmysport “Terms of Use”, “Privacy Policy” and “Cookie Policy”.
Your Access to the Listmysport Website
No one under 13 years old is allowed to use or access Listmysport website.
Listmysport is a website you are only allowed to use if you are over 13 years of age. We only process information about children with the consent of their parents or legal guardians, or when the information is shared with us by the parents or legal guardians themselves, so please read all notices and any Additional Terms of Use carefully when you access the website.
User submissions
Listmysport permits the submission of information, images or other communications and data to be used on
https://listmysport.com website and other media forms. Listmysport also permits the hosting, sharing and or public use of such user submissions. The user who submits material accepts to give the right of license to Listmysport to distribute the user submission as per their discretion and on their website and any other media forms as per their discretion.
By submitting Content you automatically grant, represent and warrant that you have the right to grant Listmysport an irrevocable, non-exclusive, perpetual, fully paid, worldwide license to modify, copy, retain, display, distribute and use the Content, including syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Listmysport. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Such User Submission and Distribution is Subject to the Following Conditions:
Information and data you transmit or post on this site, including photographs, videos and other forms of material will not be treated as confidential and shall belong to Listmysport. The information you submit may be used by Listmysport.
You shall be solely responsible for your own submissions and the consequences of posting and publishing them, including any legal action or proceeding started by any third party as a result of the submission.
The user warrants that they own or have the necessary licenses, rights, consents, and permissions to use and authorize Listmysport to use all patents, trademarks, trade secret, copyright or other proprietary rights in and to any and all user submissions. The submitter also warrants that they have obtained all necessary consents from third party right holders who may have any interest in the material submitted.
The submitter indemnifies FittGROUP and all its employees, affiliates, subsidiaries and associates from all damages, liabilities, third party action that may result from the public display and re-distribution of the content submitted by the submitter due to the nature of the content, its invasion or breach of the privacy regulations which have resulted in damages to third parties. The submitter undertakes that they will not submit material that is copyrighted, protected by trade secrets or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless all rights and permissions from the rightful owners have been obtained to display the material and grant FittGROUP the license. The submitter undertakes that they will not submit material that is false, misrepresents or could cause damage or defamation to any third party, and will not submit content that is unlawful, obscene, defamatory, libelous, political, threatening, pornographic, harassing, hateful, racially offensive or encourages any criminal conduct that could be considered as a criminal offense, give rise to civil liability, or violate the law, local culture, international acceptable norms and codes of ethics. Users understand that when using Listmysport site, FittGROUP
is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. Users further understand and acknowledge that you may be exposed to submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, any legal or equitable rights or remedies you have or may have against FittGROUP and agree to indemnify and hold FittGROUP its owners, operators, affiliates, and licensors, harmless to the fullest extent regarding all matters related to your use of the site. FittGROUP has the final say, to display the user submission on Listmysport website. FittGROUP is under no obligation to display a submission and may decide to display only a part of or an amended part of the user submission on any media platform it deems appropriate.
Your Listmysport Account and Account Security
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Listmysport if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account. If you add your phone number to your Account and later change or deactivate your phone number, make sure to update your Account information. Listmysport cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are solely responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account). You will not delete, sell or transfer your Listmysport Account without our prior written approval.
Disclaimers and Limitation of Liability
You may only use Listmysport website for lawful purposes, in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this website by any third party. This includes content which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene, abusive of offensive content. You agree that your use of Listmysport website shall be at your sole risk and responsibility.
FittGROUP its officers, directors, and agents disclaim all warranties, express or implied, in connection with Listmysport website. FittGROUP makes no representation, endorsement or warranty of any kind, including implied warranties of satisfactory quality, fitness for purposes, non- infringement, compatibility, security and accuracy. FittGROUP assumes no responsibility of liability for any injury, property damage or cost of any nature resulting from your access to and use of the website, or from any interruption, cessation, transmission of broadcast from the website. FittGROUP does not warrant, endorse or guarantee that the content posted on this site is of social, cultural and moral standards that are acceptable, and does not warrant that the user submissions posted do not infringe any third-party rights.
Users wishing to submit submissions on this website shall have the responsibility to clear all rights of third parties and to obtain all necessary licenses and approvals to post such material and provide such license to FittGROUP
By submitting you have assumed responsibility for all damages, costs, and liabilities that may arise as a result from your submission, including all criminal and civil action. The information and other materials included on the site may contain inaccuracies and typographical errors. FittGROUP does not warrant completeness of the information and material, or the reliability of any statement or other information displayed or distributed through this site. You acknowledge that any reliance on any such statement or information shall be at your sole risk. FittGROUP or third parties are not liable for any damages including indirect or consequential damages or any damages including errors or omissions, indirect or consequential damages or any damages arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with your use of this website and your submission of content. FittGROUP may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of this website, at any time without notice of liability. FittGROUP, its subsidiaries, officers, directors, employees or agents are not liable to you for any direct, indirect, incidental, punitive or consequential damages whatsoever resulting from any errors, omissions mistakes, inaccuracies of content; including any personal injury or property damage of any nature, whatever may be the cause.
FittGROUP shall not be liable for the submission or the defamatory, offensive, or illegal conduct of you or any third party and that the risk of harm or damage from the forgoing rests entirely with you. It may be possible to access other websites via links from https://listmysport.com these websites are not under our control, and FittGROUP takes no responsibility for any of their content or damages resulting from their use.
FittGROUP does not warrant that this website or any of its contents is virus free. FittGROUP accepts no responsibility for any damage suffered by users’ computers. Content or advertising materials submitted by third parties on this website are the sole responsibility of the individual whose content is submitted. FittGROUP accepts no responsibility for the content or advertising material, including, without limitation, any error, omission or inaccuracy therein. Comments submitted by third parties on this site are the sole responsibility of the individuals whose content is submitted. FittGROUP accepts no responsibility for the content of comments, including any error, omission or inaccuracy.
Copyright Intellectual Property
The names, images and logos identifying Listmysport, and other companies within the FittGROUP of companies, or any other third parties or their products or services are proprietary marks of FittGROUP
its associated companies and third parties concerned. Nothing contained in this Terms of Use shall be construed as conferring license or right under any trademark or patent of FittGROUP its associated companies or any other third party. All copyright, trademarks and other intellectual property rights on this site and all material or content supplied as part of this site shall remain at all times property of FittGROUP and its sister companies or licensors. In accessing this site, you agree that your use of this site as permitted is solely for your own personal, non- commercial use and that you will not copy, distribute, reproduce, download, post, store, broadcast, commercially exploit, or alter the content unless authorized by FittGROUP You agree not to reproduce, adapt, duplicate, copy, sell, resell, distribute or exploit any portion of Listmysport website, use of the website, or access to the website without the express written consent of Listmysport
, unless such activities are consistent with the sharing of information between individuals, groups or organizations as intended by Listmysport.
Listmysport creates no claim or credit for images featured on our site unless otherwise noted. All trademarks belong to their respective owners and all visual content is copyrighted to its respective owners.
Your Content
Listmysport does not warrant the truthfulness, accuracy, adequacy, completeness, reliability or timeliness of the content on this website or any 3rd party linked website or resource.
By submitting Your Content to the website, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
All information may be changed, supplemented, deleted or updated with or without notice at the sole discretion of Listmysport, or independently by those organizations and users. Listmysport disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Your use of the website is at your sole risk and is provided on an “as is” and “as available” basis
You retain any ownership rights you have in Your Content, but you grant Listmysport the following license to use your Content:
The user who submits material accepts to give the right of license to Listmysport to distribute the user submission as per their discretion and on their website and any other media forms as per their discretion.
By submitting Content to you automatically grant, represent and warrant that you have the right to grant Listmysport an irrevocable, non-exclusive, perpetual, fully paid, worldwide license to modify, copy, retain, display, distribute and use the Content, including syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Listmysport. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Cancellation of Your Account
You can cancel your Listmysport account at any time with admin approval. All of your personally identifiable information will be immediately deleted from the website upon cancellation. Listmysport, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the website. Such termination of the service will result in the deactivation or deletion of your Account or access to your Account and the forfeiture and relinquishment of all Content in your Account. Listmysport reserves the right to refuse service to anyone for any reason at any time.
Indemnity
You agree to indemnify and keep indemnified FittGROUP
its subsidiaries, associate companies, officers, directors, employees and agents, from and against any and all claims, damages, expenses, losses, costs and liabilities arising in any manner from your access and use of this website or your violation of these terms and conditions or of any third-party rights, including any copyright, property, privacy or any other right. You hereby agree to indemnify FittGROUP from any claim that may arise for damage caused to a third party by your user submission. This Indemnity shall survive the termination of this Terms of Use.
Limitation of liability
In using this website, you expressly understand and agree that Listmysport shall not be liable for any direct, indirect, incidental, special, punitive and/or consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. The failure of Listmysport to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
Jurisdiction
This Terms of Use shall be governed by and constructed in accordance with the laws of the Kenya. Disputes arising here from shall be exclusively subject to the jurisdiction of the Nairobi Courts. FittGROUP
makes no representation that materials on this site are appropriate or available for use at locations outside of the Kenya and access to them from territories where their contents are illegal is prohibited. If you access this site from a location outside of the Kenya, you are responsible with all local laws.
Changes to these Terms of Use
We may revise or make changes to these Terms of Use from time to time. If we make changes, we will post the revised Terms of Use and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or by otherwise providing you with notice through this website. By continuing to access or use the website on or after the Effective Date of the revised Terms of Use, you agree to be bound by the revised Terms of Use. If you do not agree to the revised Terms of Use, you must stop accessing and using our website before the changes become effective.
How to contact us
Do you have a question, comment, or request regarding this Terms of Use?. Here is how you can reach us.
Website
www.listmysport.com
Support email
support@listmysport.com
