Terms of Service

Introduction

Welcome to ZenSports. These Terms of Service (“Terms”) govern your access as a User (“you”, “your”, “User”, “Users”) 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, videos, live streaming, 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.

ZenSports Partners

In addition to being a User of our Services within these Terms, you will also be classified as a “Partner” within these Terms if you meet any of the following criteria while using our Services:

  1. You create a “Deal” within ZenSports. A Deal is defined as an offering that allows Users within our Services to book passes and make reservations (“Pass”, “Passes”, “Reservation”, “Reservations, or “Passes & Reservations”) at a sports, entertainment, or activity-related business that you are affiliated with in any way (“Facility” or “Facilities”); or an offering that allow Users to purchase sports, entertainment, or activity merchandise (“Merchandise”) from you or your Facility.
  2. You create an organized competition within ZenSports for Users to participate/compete in, such as a league, tournament, pickup game, charity sporting event, social gathering, etc. (“Competition”), or you get added as an organizer/director/admin to a Competition by the creator.
  3. You sign a written Master Services Agreement and Statement of Work with ZenSports, designating you or your business as a Partner.

Payments and Billing for Players

If you are purchasing any products offered by ZenSports or its Partners through our Services, you will be required to make all such payments via credit card directly to ZenSports 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, our Partners’ Services, and/or regardless of your intentions when paying for our Services.

Should you submit a chargeback to your credit card 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 understand and 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 ZenSports under these Terms.

ZenSports is not responsible for any payments you make to ZenSports or to any ZenSports Partners that are conducted outside of the ZenSports Payment System (such as paying via cash, check, mail, etc.), and you agree to hold ZenSports harmless for any cash payments that you make outside of our Payment System.

Payments, Billing, & Remuneration for ZenSports Deal Partners

If you become a Partner via creating a Deal within ZenSports (“Deal Partner” or “Deal Partners”), you agree to the following payments, billing, and remuneration terms:

  • All payments made through our Payment System for your Deals will be made by Users via credit card.
  • Deal Partners will have flexibility in the terms that they wish to offer for each Deal, such as price, hours, availability, etc. However, ZenSports has preferred best practices that it would like to see the Deal Partner adopt in order to ensure a successful program for everyone involved. Please email support@zensports.com to view a copy of the ZenSports Best Practices document for further details.
  • Deal Partners agree to not solicit Users or market to Users that purchase Deals through our Services in an attempt to get such Users to no longer purchase the Partners’ Deals through our Services in favor of purchasing Deals directly with the Deal Partner. Any attempt to violate this provision will result in ZenSports charging the Deal Partner the equivalent of one year’s worth of Deals for any Users lost from our Services due to such malfeasance on the part of the Deal Partner.
  • While ZenSports does not offer refunds to Users for any payments made, if there are any mistakes or violations of the ZenSports Terms made by the Deal Partner, then ZenSports reserves the right to provide refunds to Users and to deduct any refunds from future payments to the Deal Partner, or to charge the Deal Partner directly if no future payments are owed to the Partner by ZenSports.
  • Prior to ZenSports remunerating the Deal Partner for any Passes & Reservations paid for by a User within the Payment System of our Services, ZenSports will deduct twenty percent (20%) of the gross price amount listed by the Deal Partner in any of its Passes & Reservations within our Services as its fee for providing all such Passes & Reservations Services (“Pass & Reservation Service Fee”). For example, if a Deal Partner lists a Deal Pass price for one hundred dollars ($100) within our Services, ZenSports will remunerate the Partner eighty dollars ($80) and keep twenty dollars ($20) as its Pass & Reservation Service Fee after a User makes a payment through our Payment System for that particular Deal.
  • Prior to ZenSports remunerating the Deal Partner for any Merchandise owned by the Deal Partner and purchased by a User within the Payment System of our Services, ZenSports will deduct ten percent (10%) of the gross price amount listed by the Deal Partner for such Merchandise within our Services as its fee for providing all Merchandise Services (“Merchandise Service Fee”). For example, if a Deal Partner lists a Merchandise Deal price for fifty dollars ($50) within our Services, ZenSports will remunerate the Partner forty-five dollars ($45) and keep five dollars ($5) as its Merchandise Service Fee after a User makes a payment through our Payment System for that particular Deal.
  • ZenSports reserves the right at any time to change the percentage of its Pass & Reservation Service Fee or its Merchandise Service Fee, or to change which features in its Services require paid access or an additional paid account. ZenSports will provide all Deal Partners with at least seven (7) days advance notice through this Terms of Service page before implementing any such changes.

Payments, Billing, & Remuneration for ZenSports Competition Partners

If you become a Partner via creating a Competition within ZenSports (“Competition Partner” or “Competition Partners”), you agree to the following payments, billing, and remuneration terms:

  • All payments made through our Payment System for your Competitions will be made by Users via credit card.
  • For Competitions only, you can give Users the option to pay you directly via other means (such as directly with cash, etc.). However, you can not prevent payments being made by Users via credit card through the Payment System. This includes both in advance and on the day of a Competition. You must honor all Competition payments made through the Payment System, and you can not require payments be made to you for the Competition via other means.
  • To avoid potential fraudulent situations, when you create your first Competition within ZenSports, ZenSports will attempt to verify your history and credibility of running previous Competitions outside of our Services, and will reach one of two conclusions regarding your status as a Competition Partner with us:
    • If ZenSports is able to verify your history and credibility of running previous Competitions outside of our Services, then for all payments received by ZenSports from Users via credit credit through the Payment System for your Competitions, ZenSports will transfer those funds to you no later than 3 business days after the payment has been received by the User.
    • If ZenSports is not able to verify your history and credibility of running previous Competitions outside of our Services, then for all payments received by ZenSports from Users via credit credit through the Payment System for your Competitions, ZenSports will hold such Competition payments for up to 3 business days after the date the Competition has ended before transferring those funds to you.
  • Regardless of when ZenSports remunerates you for Competition payments, you are always required as a Competition Partner to have sufficient funds on hand to pay all necessary prize payouts to Users. ZenSports requires that you pay all Users all prize money promised to them by no later than the final date of each Competition.
  • The decision as to whether a Competition Partner has a history of credibility in running Competitions outside of our Services will be made solely by ZenSports. ZenSports reserves the right to change any previous decision that it has made at anytime. ZenSports also reserves the right at our sole discretion to delete any existing Competitions that you have within our Services, as well as revoke your ability to create any new Competitions within our Services.
  • Any User complaints about your inability or refusal to accept their paid Competition payments made through the Payment System, or your inability or refusal to pay promised prize money, will result in ZenSports investigating the matter. If ZenSports finds you, the Competition Partner, 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 User entry fees or prize monies that weren’t honored, so that ZenSports may take care of making the Users whole.
  • Prior to ZenSports remunerating the Competition Partner for any Competitions paid for by a User within our Payment System, ZenSports will deduct eight percent (8%) of the gross price amount listed by the Competition Partner as its fee for providing all Competition related Services (“Competition Service Fee”). For example, if a Competition Partner lists a Competition price for fifty dollars ($50) within our Services, ZenSports will remunerate the Partner forty-six dollars ($46) and keep four dollars ($4) as its Competition Service Fee after a User makes a payment through our Payment System for that particular Competition.
  • ZenSports reserves the right at any time to change the percentage of its Competition Service Fee, or to change which features in its Services require paid access or an additional paid account. ZenSports will provide all Competition Partners with at least seven (7) days advance notice through this Terms of Service page before implementing any such changes.

Payments, Billing, & Remuneration for Partners that sign a Master Services Agreement & Statement of Work with ZenSports

If you are a Partner via signing a written Master Services Agreement and Statement of Work with ZenSports, then the payments, billing, and remuneration terms that you must adhere to have been spelled out in your agreement. In the event that there are conflicts between our Terms and what’s stated in any signed agreement, our Terms will always supersede any language or content of the signed agreement.

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 December 4, 2017.