Please read these terms and conditions of use carefully before using vanillasports.com. By creating an account on VanillaSports, you signify your agreement to these terms of use, which constitute a binding legal agreement. If you do not agree to these terms of use, DO NOT set up a membership account to use vanillasports.com.

THESE TERMS AND CONDITIONS ALSO APPLY TO THE USE OF A USER ACCOUNT THAT HAS ALREADY BEEN SET UP. PLEASE READ THEM CAREFULLY.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms on the VanillaSports website periodically for changes. Your continued use of VanillaSports following the posting of changes to these terms will mean you accept those changes.

1. General

All software, documentation and any content accessed through the software you are about to use on vanillasports.com (collectively, "The Software") are protected by international laws, including copyright laws and treaties. Tadpole PTY LTD., their affiliates and any subsidiary companies, and their licensors (collectively, "Tadpole PTY LTD.", "we", "us", or "our") own all right, title and interest to The Software.

2. Title Not Transferred

These terms do not transfer title to The Software to you. The rights granted herein are limited to certain of Tadpole PTY LTD. and its licensor’s rights and do not include any other patents or other intellectual property rights. Tadpole PTY LTD. and its licensors retain full and complete title to The Software and all intellectual property rights therein.

3. License and Restrictions

Tadpole PTY LTD. hereby grants you a non-exclusive license use of The Software on the vanillasports.com website for personal, non-commercial use only. Tadpole PTY LTD. may configure The Software with certain tags that identify the version of The Software being used, which permit Tadpole PTY LTD. to update this version without further notice to you. Tadpole PTY LTD. shall have the right to poll your user account for the purpose of adding updated versions of The Software or to delete such versions automatically. You may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy The Software; b) modify, translate or create derivative works based on The Software; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce The Software to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright or other proprietary notices; or e) create other software that incorporates The Software. WITHOUT LIMITATION, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that The Software is not intended for use in connection with any high risk or strict liability activity and Tadpole PTY LTD. makes no warranty and shall have no liability in connection with the use of The Software in any such situations.

4. No Warranty

THE SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Tadpole PTY LTD. DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE VANILLASPORTS.COM SITE OR THE OTHER SITES OF TADPOLE PTY LTD. (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WHICH THE SOFTWARE IS ACCESSED FROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TADPOLE PTY LTD. OR VANILLASPORTS.COM OR AN AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

5. Indemnification

You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

6. Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

7. Jurisdiction

We operate from Australian, Indonesian and Singaporean offices. We make no representation that The Software is appropriate or available for use in any particular location. Those who choose to use The Software do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

8. Termination

These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of The Software and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by Tadpole PTY LTD. You may terminate these terms at any time by discontinuing use of The Software, and canceling your user account.

9. Use of User Submitted Materials

By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Tadpole PTY LTD. a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognised throughout the world (including without limitation, the European Economic Community) in those materials have been waived.

10. Privacy Policy

Use of any information gathered during, or by, your use of The Software shall be governed by Tadpole PTY LTD.’s privacy policy currently located at [www.vanillasports.com/privacy.htm]. By using The Software, you signify your agreement to Tadpole PTY LTD.’s privacy policy. If you do not agree to the privacy policy, do not use The Software. We reserve the right, at our discretion, to change, modify, add, or remove portions of Tadpole PTY LTD.'s privacy policy at any time. Changes shall be posted on Tadpole PTY LTD.’s website. Your continued use of this site following the posting of these changes to the privacy policy will mean you accept those changes.

11. Entire Agreement

These terms shall be governed by and construed in accordance with the laws of Sydney, Australia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the province or courts located in Sydney, Australia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.