Terms & Conditions

Welcome to Sportem! These Terms of Use (“Terms”) apply to your (“you” or “your”) use of Sportem’s visual communication platform (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and the “PNI Studio Co” S.R.L., identified in these Terms (“Sportem”).

 

1. Overview

Sportem is a visual communications platform that allows users to create images and share them on their social networks. When you use the Service, you’ll have access to a variety of content provided by Sportem to use in your templates.  You have the option to upload your own content (“User Content”), such as logos, images, and files, which you have full control and responsibility over. You can use your User Content, and tools available in Sportem.art. 

The Service is made available on Sportem.art. Your use of the Service is subject to these Terms and Sportem’s Acceptable Use Policy. By using the Service you acknowledge and agree to Sportem’s Privacy Policy.
You may use the Service only if you can form a binding contract with Sportem and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
If you sign up for the Service using an email address associated with your employer or another organization (“Admin Entity”), you represent and warrant that you have the authority to bind the Admin Entity to these Terms; your use of the Service will bind your employer or the organization to these Terms; and “you” and “your” in these Terms will refer to both you and the Admin Entity. 

(a) Access to the Service.

Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. Sportem reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. 

(b) Restrictions on Use of the Service.

You shall not yourself or through any third party rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; access the Service for purposes of performance benchmarking; access the Service for purposes of building or marketing a competitive product; use the Service to store or transmit a virus or malicious code; or bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service.
We work hard to make Sportem available to everyone, so we can’t allow you to bring harm to Sportem or the platform.

 

2. Security and Data Privacy

a. Information Security. 

Sportem implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure in accordance with the provisions of "LEGE Nr. 133/2011" of the Republic of Moldova on the protection of personal data, Sportem processes personal data.

b. Data Privacy

Personal data is processed in good faith and based on, and in accordance with, the provisions of the law. The processing of personal data is carried out using mixed methods (automatic and manual), in compliance with legal requirements and under conditions that ensure security, confidentiality, and respect for the rights of data subjects. 
Sportem collects and processes only personal data provided by consumers during registration and subscription payment. 
When registering on the Platform, you will need to provide an email address, name, and phone number.
If you register using your Google account: your first name, last name, and email address; 
If you register using your Facebook account: we collect your first and last name as they appear on your Facebook account and your Facebook identification number. If you have granted Facebook permission through the privacy option in the app (which appears immediately before registering on our Platform), we may receive data about your gender, age, or email address, depending on your permission.
Personal data is used exclusively for website administration purposes, to provide access to information, or to communicate with the consumer. This information allows users and consumers to be informed that their personal data will be processed and used (name, surname, phone number, email address). Sportem processes personal data of users and consumers obtained when browsing, using, and registering on the website www.sportem.art. 
Any information provided by users of the website www.sportem.art will be considered as explicit consent to the use of personal data by the Sportem Administration.
Sportem will not disclose any available data to third parties without the consent of the concerned individuals, nor will it sell, exchange, or disclose this data to others, except as required by applicable law (at the request of state institutions, legal entities, courts, also authorized to process personal data). 
Personal data may be processed and used by Sportem for statistical purposes and further promotion. 
Sportem meets personal data security requirements and ensures the protection of consumer data, safeguarding it from loss, destruction, distortion/falsification, or disclosure to third parties. 
Sportem uses security methods and technologies in accordance with applicable law. 
Sportem does not collect transaction-related information such as card number, expiration date, or country of origin.

 

3. Content

You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Sportem, you own all right, title and interest in and to your User Content. You grant Sportem a royalty-free and sublicensable license to display, host, copy, store and use your User Content solely to the extent necessary to provide the Service to you. To the extent you include User Content in a Template that you’ve shared with others, you grant Sportem a perpetual, royalty-free, sublicensable, license to display, host, copy, store and use your User Content to the extent necessary to continue to make that Template available.

 

4. Billing

Sportem offers a paid Service. You can learn more about Sportem’s various subscription offerings on the main page.

a. Subscriptions and Renewals. 

If you are subscribing to Sportem, you can sign up for either a monthly, semi-annual or annual subscription. Your subscription will automatically renew on a monthly or annual basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.

b. Cancellation.

You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.

c. Changes to Pricing.

Sportem reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

 

5. Warranty Disclaimer.

The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, Sportem expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Sportem does not warrant that your use of the Service will be uninterrupted or error-free. Sportem does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that Sportem does not own, operate, or control, and that Sportem is not responsible for any of your data lost, altered, intercepted or stored across such networks. Sportem will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside Sportem’s reasonable control.

 

6. Your Indemnity Obligations

You agree, to the extent permitted by law, to defend, indemnify and hold harmless Sportem and its partners, officers, directors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to  your violation of these Terms or your User Content.
If Sportem suffers harm due to your content or your violation of these Terms, or if someone tries to hold Sportem responsible for your content or your violations, you’ll be responsible for any costs incurred by Sportem and defending Sportem.

 

7. Limitation of Liability

In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of  $100 USD or the subscription fees paid by you to Sportem during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the These Terms of Use.
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
Sportem is not responsible for, and assumes no liability for, the contents of User Content.
These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.

 

8. Term and Termination

a. Term. 

These Terms shall take effect the first time you access the Service and shall continue in full force and effect until if you are a paid subscriber, the expiration or termination of your subscription; or if you are not a paid subscriber, when your account is deleted or terminated.

b. Violations.

If Sportem, in its reasonable discretion, determines that you or your use of the Service, or your User Content violate these Terms, including but not limited to, Sportem’s Acceptable Use Policy, the Section entitled ‘Restrictions on Use of the Service, (any of which is considered a “Violation”) Sportem may take one or more of the following actions: delete the prohibited User Content; suspend your access to the Service; terminate and delete your account along with all Templatess and User Content associated with that account permanently ban you from using the Service; and/or disclose the prohibited User Content or Templates to appropriate government authorities.
If you break the rules, we have the right to remove you and everything in your account from the Service.

c. Effect of Termination.

In the event of termination of your subscription for cause due to default by Sportem, Sportem shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.
Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Templates, User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. User Content included in any shared Template will continue to available even after the expiration of Your Subscription. Unless your account was terminated due to a Violation, you can download or export your User Content and Templates using the functionality of the Service prior to the expiration or termination of your subscription. If your account has been terminated due to a Violation, you may not create a new account on Sportem Service unless you receive Sportem’s written permission.

d. Survival of Terms.

Sections titled “Term and Termination,” “Billing,”  “Limitation of Liability,” “Indemnification,”and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.

 

9. Miscellaneous

 

a. Compliance with Applicable Law.

You agree to abide by all applicable national laws, treaties and regulations, in connection with your use of the Service. Sportem agrees to abide by all applicable national laws, treaties and regulations, in connection with its provision of the Service.

b. Governing Law and Venue. 

These Terms will be governed by and construed in accordance with the laws of the Republic of Moldova.

c. Headings.

Headings used in these Terms are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.

d. Waiver.

Sportem’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect Sportem’s ability to enforce any provision thereafter.

e. Notices.

All required notices to you will be sent to the email address associated with your account or through other legally permissible means.

f. Changes to these Terms.

We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on Sportem.art. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.

g. Changes to the Service.

Sportem may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and Sportem discontinues the Service you are using during your subscription, Sportem will migrate or make available to you a substantially similar service provided by Sportem (if available) and if it’s unable to do so, Sportem will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.

h. Entire Agreement.

These Terms and the terms and policies referenced herein constitute the entire agreement between you and Sportem with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and Sportem, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The Russian version of these Terms will control.

 

10. Contacts:

 

Company name: "PNI Studio Co" S.R.L.
IDNO: 1024611002937
Address 1: MD-3813, Moldova, UTA Găgăuzia, s. Chirsova, Tanasoglo 48
Phone: +373 (68) 565 101
Email: sportemart01@gmail.com