Welcome to Mobile Alerts Services, a service of R.P Ventures Inc. doing business as Sportsfeed.com (hereinafter, collectively referred to as “COMPANY”). You must read and agree to these Terms of Use ("TOU") before you may access or view our sites or content. Please read them carefully. By visiting the COMPANY website or requesting or "opting-in" to e-mail or SMS, MMS alerts, WAP Push or other similar remote messaging service from us or using COMPANY'S services or viewing its content, you are agreeing to this TOU. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page http://www.sportsfeed.com/terms/sfJoin.html and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.


1. Eligibility and Consent to Receive SMS, MMS, WAP Push or other similar remote messaging service and E-Mail Marketing Messages to your Mobile Device: You must be eighteen or over to register at this site and use our services (including but not limited to SMS alerts and messages). By using and/or viewing this site and services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old and are in full compliance with applicable law and third party agreements including, but not limited to, agreements between you and your cell phone services provider.


You hereby consent:


  1. For us (and/or our service providers) to send to you at the SMS and e-mail addresses you provide to us in the signup process, and from time to time via other methods, content and/or "alerts" via SMS and/or MMS, WAP Push or other similar remote messaging service and email messages (also referred to collectively as "electronic messages") to your cell phone, mobile device, or other computing device;


  1. For us to send to you at the SMS and e-mail addresses you provide to us in the signup process, and from time to time via other methods, advertising (including advertisements provided by third parties) via electronic messages to your cell phone, mobile device, or other computing device;


  1. For us to use third parties to send you advertisements and content (including but not limited to alerts) via electronic messages;


  1. For us to obtain, store, and analyze your name, address, telephone number, SMS address, e-mail address, and other data you provide to us from time to time in the course of us providing services to you including, but not limited to, content selections, clickstream, and transaction history (all such data referred to herein as "profile data") and to use the above "profile data" to send you targeted advertising electronic messages;


  1. For us to transfer your "profile data" to third parties who acquire our services or assets so long as they maintain at least the same level of privacy over such data as us and conform to these Terms of Use;


You hereby agree:


  1. That you are aware that standard and special text messaging rates may apply and that you shall be fully responsible for the costs to your cell phone provider or other network services provider or phone company for all the electronic messages (including, but not limited to, SMS message costs) sent to you by us or our service providers;


  1. To make certain that minors (under applicable law) do not have access to your cell phone or other computing device in which you receive electronic messages from us or our service providers and that minors do not have access to electronic messages sent by us or our service providers;


You hereby warrant:


  1. That by entering into this agreement that you are not in violation with your cell phone service provider's agreements or any third party agreement covering such cell phone or other computing device or e-mail address or SMS address in which you will recieve electronic messages from us;


  1. That by entering into this agreement that you are not in violation with applicable law;


  1. That you have not and will not, during the term of this agreement, list your SMS address or E-Mail address on any "opt-out" registry and to the extent such address(es) are or become listed with a registry you hereby further warrant that such addresses were listed without your consent and you shall take immediate steps to remove such address(es) from such registry(s) and you agree to having us send you electronic messages - this provision shall only be enforceable to the fullest extent permitted by law;


  1. That you have not and will not order any services from us or request any electronic messages that violate applicable law;


  1. That you have not and will not purchase any products or services from electronic messages sent to you by us or our service providers that violate applicable law;


  1. That any information you have provided to us in registering for services from us or that you provide to us from time to time is truthful and accurate and that you hereby warrant that any and all data you provide to us is your own and that you have not registered another person's SMS number or e-mail address or have electronic messages set or transferred to go to another person's cell phone, device or address as the case may be.


2. Fees/Termination: COMPANY's, usage and/or subscription fees - if any - were provided to you upon registration and may change from time to time upon electronic notice to you. COMPANY reserves the right to terminate your access to its services or site at any time for any reason or no reason. COMPANY may terminate your services upon sending notice to you at the email or SMS address you provide in your application for services or such other email or SMS address as you may later provide to us. If COMPANY terminates your services because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. You may opt-out of receiving electronic messages from us by visiting the opt-out page located at http://members.sportsfeed.com/services/alerts/ and filling out the appropriate form and submitting it to us or by contacting us in writing at opt-out@sportsfeed.com with "opt-out" in the subject line and include your e-mail and/or SMS address(es) and/or mobile telephone number.


3. Non-Commercial Use by Users/Viewers: The COMPANY site and services is for the personal use of individual users and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses should not use the COMPANY services or site for any commercial purpose. Illegal and/or unauthorized uses of the site or services, including unauthorized framing of or linking or packaging of the site or services or signing up another person's e-mail or SMS address to such services without their consent or the sending or forwarding to another e-mail or SMS address unsolicited bulk commercial e-mail or SMS messages shall constitute a material breach of this agreement and will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.


4. Proprietary Rights of Content by COMPANY: COMPANY owns and retains other proprietary rights in the COMPANY site and the COMPANY services and content. The site and services contains the copyrighted material, trademarks, and other proprietary information of COMPANY, , and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.


5. Content Posted/CDA:


A) COMPANYclaims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that COMPANY may delete any content, messages, photos or profiles that in the sole judgment COMPANY violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of COMPANY, and/or its users.


B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the COMPANY site, or transmit to other COMPANY users.


C) By posting content to any public area of COMPANY, you automatically grant, and you represent and warrant that you have the right to grant, to COMPANY and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to COMPANY if you provide COMPANY with your e-mail or SMS address via a registration process or post it on COMPANY's site(s) you thereby authorize COMPANY and its affiliates and any entities that COMPANY becomes involved with or merges with, the right to use and/or sell your valid email or SMS address for any marketing programs or communications with you.

D) The following is a partial list of the kind of content that is illegal or prohibited on the site. COMPANY will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the services of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

E) You must use the COMPANY service in a manner consistent with any and all applicable laws and regulations.


F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the COMPANY Site or services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to COMPANY by our users or third parties.


G) You may not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other COMPANY users. Although COMPANY ordinarily cannot monitor the conduct of its users off the COMPANY site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.


6. Copyright Policy/DMCA Notice: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the COMPANY service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site or in our electronic messages including if feasible the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. COMPANY's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:


Copyright Complaint

26500 W. Agoura Road # 102-819
Calabasas, CA 91302-1952

It is the intention of COMPANY to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.


7. Disputes: COMPANY does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site and services. You are solely responsible for your interactions with other COMPANY users and third party advertisors. In the event that you have a dispute with one or more users or third party advertisers or those who have posted, viewed, or used information on the COMPANY site, you release COMPANY, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." COMPANY reserves the right, but has no obligation, to monitor disputes between you and other users.


8. Privacy: Use of the COMPANY site and/or its service is governed this TOU and by our Privacy Policy at http://www.sportsfeed.com/privacy.html which may change from time to time upon electronic notice to you.


9. Disclaimers: COMPANY, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content or third party advertisements posted in connection with the COMPANY service, whether caused by users, third parties or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user or advertiser involved with the COMPANY service whether online or offline. COMPANY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. COMPANY is not responsible for any problems or technical malfunction of any cell or internet or telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or users or to any other person's computer related to or resulting from participating or downloading materials in connection with the COMPANY site and/or in connection with the COMPANY service. Under no circumstances COMPANY, be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content related to the COMPANY site or or services or transmitted to you. The site and the service are provided "AS-IS" and COMPANY expressly disclaims any warranty of fitness for a particular purpose or non-infringement. COMPANY cannot guarantee and does not promise any specific results from use of the site and/or the COMPANY service.


10. Limitation on Liability: Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will COMPANY be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the COMPANY services, even if COMPANY has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, COMPANY's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to COMPANY for the service during the term of services.


11. U.S. Export Controls: Software from this site and service may further be subject to United States export controls. No software from this site or via services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


12. Arbitration of Disputes: Any and all disputes arising out of these Terms of Use and/or your relationship with COMPANY shall be submitted to the binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. The arbitration shall take place exclusively in Los Angeles, California at JAMS before a retired Judge and shall be governed by California law without regard to its conflict of law provisions.


13. Indemnity: You agree to indemnify and hold COMPANY, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above or by your illegal conduct or your violation or breach of your cell phone service provider's agreement(s) or your failure to pay your cell phone service fees or costs.


14. Notices/Other: Except as explicitly stated otherwise, any notices given by you to COMPANY shall be given by e-mail to cs@sportsfeed.com and any notices by COMPANY to you shall be given to the email address you provide to COMPANY during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, COMPANY may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to COMPANY during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by COMPANY, in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to COMPANY shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. COMPANY's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.