Terms of Service
Welcome to Globallr.com, a website available via the Internet to the general public (the “Website”). This Website provides certain information and content relating to Globallr Sports LLC (“Globallr”) and its subsidiaries and related companies (collectively “Globallr ”, “we,” “our” or “us”) and all our websites and all our related subdomains (the “Sites”) and all our products, mobile applications, software, blogs, forums, channels and sharing and quizzing services (collectively with the Sites, the “Services”) and its ‘affiliates’ business and may include access to training, fitness, nutrition information, and ‘content’.
‘Affiliates’ may be third party businesses, sponsors, or any other entities outside of Globallr Sports, LLC that is providing or using information from Users of Globallr.com, Globallr mobile applications or outside of the Globallr platform.
“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Website and its information and contents and related services are owned by either Globallr or its affiliate (as applicable to a specific entity, “Globallr”). These are the terms and conditions that govern your (“You”, “Your” or “User” or “Member”) use of the Website.
By accessing and/or using the Website, or otherwise availing Yourself to the services, information, and content offered through the Website. You agree to be bound by this Terms of Service (hereinafter “TOS”) in effect at the time of each such access or other use of the Website. This TOS applies to You and all other users of this Website, regardless of whether they are members or merely visitors, and applies to any and all entities or persons on whose behalf any User acts.
Change of Terms
You acknowledge that Globallr may, from time to time, and in its sole discretion and without notification to You, modify this TOS. Your access and/or use of this Website indicates Your agreement to be governed by this TOS. If Globallr changes the TOS, it will be acknowledged on the Website, with the changes clearly defined. It is Your responsibility to apprise Yourself of any revisions or modifications each time you visit or use the Website. If You do not so agree, You are not authorized to access or use the Website in any manner.
Globallr’s mission is to connect and motivate athletes globally to gain and share best practices and empower them with the crucial innovative tools like; online video academy, analysis tools, advanced communication features, innovative evaluation reports for scouts and agencies, special club/ team coaching areas and online resources to support them in improving their skills and those of their peers.
B. Terms and Conditions
The Services offered by Globallr consist of a media and communication platform enabling individuals to communicate in a peer community dedicated to sharing of sports, conditioning, training, and nutrition advice for the purpose of improving athletic performance and knowledge of sports. We do this by enabling Users to upload content. We also enable users to use video analyzation software to track and rate athletic performance. Users may use the Services for themselves.
Users and Members represent, understand and expressly agree that Globallr does not exercise control over the quality, timing, legality, characteristics or any other aspect whatsoever of the user content uploaded by any User, nor of the integrity, responsibility or any of the actions whatsoever of the Users and Minor Athletes, as applicable). We make no representations about the suitability, reliability, and accuracy of the content provided by Users (and Minor Athletes, as applicable) whether in public, private or offline interactions, or arranged through our Services.
We do not assume any responsibility for the accuracy or reliability of any information provided through this website or our Services. We do not assume and expressly disclaims any and all liability that may result from the use of any information provided through this website and our Services or through Users listed with our website. Globallr is not responsible for the conduct, whether online or offline, of any User of this website or any User or Member of the Service.
All Users and Members (and Minor Athletes, as applicable) do hereby expressly agree not to hold Globallr (or Globallr’ officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the website and Globallr and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to this website, our Services, the information provided through this website and the services provided by or to any User of this website or our Services.
Globallr is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users. We do not take part in the interactions between users on Globallr.com, Globallr mobile applications or “outside” of the Globallr online platform.
Globallr makes no guarantees regarding the availability of the Website or the Services (including the availability of any specific Services). Globallr reserves the right, in its sole discretion, to discontinue the Website or Services and/or modify the contents of the Website or the terms of the Services as Globallr sees fit, including but not limited to, the price for Services, descriptions, and other e-commerce related information and/or functionality. You agree that Globallr will not be liable to You for any such discontinuance or modification of the Website or the Services.
D. Exclusive Use By User
Your account is for Your sole, personal use. You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity.
E. Information Provided By Users
You are responsible for providing accurate, current and complete information in connection with Your registration and use of the website and the Services as part of the Services. Globallr allows You to post information about Yourself to our website. You are solely responsible for any information, content, messages, photos, videos, reviews or profiles (collectively, "Content") that You publish or display (hereinafter, "post") on the website, or transmit to other Users. Globallr has in its sole discretion the ability to delete and ban a user for inappropriate posted material.
You will not post, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal Content, or any Content that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to Globallr or to any other User. You understand and agree that Globallr may review and delete any Content, in each case in whole or in part, that in the sole judgment of Globallr violates this Agreement or that may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
By posting Content to any public or Member area of the website You represent and warrant that You have the right to grant, and together with its Affiliates and its licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses to the foregoing. You further represent and warrant that public posting and use of Your Content by Globallr will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content You post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or Content made available on the website or through the Service, but not directly by Globallr, are those of their respective authors. Such authors are solely responsible for such Content. Globallr does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the website or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website or through the Service. Under no circumstances will Globallr or its Affiliates be responsible for any loss or damage resulting from: Your reliance on information or other content posted on the website or transmitted to or by any user of the website or Service; or reviews or comments made about You on the website by other users.
F. Linking (To & From) the Website; Advertisers
1. Linked-To Sites
Globallr provide via the Website, links to other websites or resources and/or advertisements or other such promotional materials for third-parties. Because we have no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, User acknowledges and agrees that we are not responsible for and in no way guarantees or endorses: (a) the availability of linked-to sites or resources; (b) the accuracy, value, or completeness of any content available at or through the linked-to sites; or (c) the goods or services offered via these third-party sites.
Accordingly, User acknowledges and agrees that we shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to Websites and/or the quality of any goods or services offered by or through any linked-to third-party site.
Globallr takes Children's privacy very seriously. Registering on Globallr is intended for people 13 or over. Content for Athletes is intended to be useful, and in some instances, age appropriate. Globallr will not knowingly collect any information from children under 13. You must identify Your age during the registration process. That being said, we do not assume any responsibility for any misrepresentations regarding Your age or parental consent when using our website.
Globallr does not knowingly collect information from children under the age of 13. Furthermore, we do not target our service to children under these ages nor will we ever knowingly communicate with children under 13. When we work with teams and groups with children under 13, the parents / guardians of the children are responsible for entering and managing their children’s information or authorizing others to do so.
H. Prohibition against Harmful Transmissions & Appropriate Use of Website
You, as a User, agree You are responsible for all of your communications and postings, including, but not limited to, comments, commentary, suggestions, resumes, job postings and otherwise (“User Content”). You agree that You will not upload, post, e-mail, or otherwise transmit to the Website or to any other User any messages, programs, or other materials (including, but not limited to, Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment or collect or mine information about this site or other users. Globallr does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings, even if Globallr elects, in its sole discretion, to do so or to attempt to do so from time to time. Globallr is not responsible for any User Content or actions or omissions in response to User Content.
You may not, and You agree that You will not, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Website in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party browser (e.g., Firefox, Safari, Chrome, Internet Explorer). You may not “frame” this Website or display the Website’s content through any other URL or in conjunction with another Globallr name or trademark. You shall not copy the HTML code that the Globallr creates to generate its webpage.
Although Globallr cannot monitor the conduct of its Users off the website, it is also a violation of these Terms to use any information obtained from the website or the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent. In order to protect our Users from such activity, we reserve the right to take appropriate actions, including blocking access to the website and terminating Your Membership, with or without notice. Following any termination of any Member's use of the website and/or Services, Globallr reserves the right to send a notice thereof to other Members with whom You have corresponded advising them of Your termination from the Services.
I. Disclaimer of Warranties; Limitation Of Liability; Risk of Loss
1. Warranties Disclaimed
NEITHER GLOBALLR NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE MADE AVAILABLE “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER Globallr NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE OR SERVICES, (B) THE OPERATION OR MALFUNCTION OF THE WEBSITE OR SERVICES, OR (C) YOUR PURCHASE OF SERVICES (OR ANY OTHER PRODUCTS OR SERVICES) VIA THE WEBSITE, AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C).
2. Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, GLOBALLR SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS FOR ALTERATION, THEFT OR DESTRUCTION OF ANY INFORMATION CONTAINED AT THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. IN ANY EVENT, THE LIABILITY OF Globallr TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE INTERNET, THE COST OF SUCH DISPUTED SERVICES (I.E., THE AMOUNT YOU PAID TO Globallr FOR SUCH SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.
NOTE: SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
J. Health Disclaimer
Globallr may provide sports training, physical training, fitness, nutrition and other related information, applications, and content. If so, then it is intended only to assist users in their personal training, physical fitness, nutrition and sports efforts. We are not a medical organization and cannot – and does not – give You medical advice or a medical diagnosis. Nothing contained in this Website should be construed as medical advice or a medical diagnosis. Any information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition.
The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this Website. Any text, pictures, and description set forth in this Website is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does NOT advise that You or any other particular Website user undertake or perform any particular technique or exercise. You agree that You will not undertake or perform any exercise or technique described in this Website until and unless You consult with and are cleared by a medical doctor in relation to such participation.
K. Performance Disclaimer
Globallr is intended to be an information resource to those that intend to improve their knowledge of sports. At no time is Globallr responsible for any results, performance, ranking, score, or athletic achievement in any manner prior, during, and/or after athletic performance. User agrees that we are not responsible for any performance by athletes.
You agree to indemnify, defend, and hold harmless It, its directors, officers, members, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including, without limitation, reasonable attorneys’ fees and costs, to the extent that such action is based upon a claim that: (i) would constitute a breach of any of Your representations, warranties, or agreements hereunder; (ii) arises out of or relates to Your use of the Website; and/or (iii) arises out of Your acts or omissions.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this TOS shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
N. Entire Agreement
This TOS sets forth and contains the entire agreement with regard to the matters set forth herein between You and Globallr. There are no promises, terms, conditions, or obligations other than those contained herein. This TOS supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties with respect to the subject matter hereof.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site's services is strictly prohibited.
P. Choice Of Law
This TOS, and any disputes arising from, relating to, or touching upon the TOS and/or the subject-matter hereof, shall be construed under and governed by the law of the State of New York. All contracts resulting from or relating to this Website, including Member Agreements, as well as all information and advice provided herein, shall be deemed to have been formed, entered into, executed, and/or given/communicated in the State of New York.
Q. Venue; Personal Jurisdiction; Service of Process
Any dispute arising out of, concerning, or relating to this TOS or the subject-matter hereof, shall exclusively be brought, if at all, only in the courts located in New York, New York. By accessing and using the Website, You (and any person or entity on whose behalf you act) hereby agree and consent to the exclusive jurisdiction and venue of any state or federal court located in New York, New York and You hereby waive and release now and forever any defense to that assertion of jurisdiction, including lack of personal jurisdiction and forum non-conveniens. You (and any person or entity on whose behalf you act) agree to service of process for any claim arising out of or related to this TOS via a national private carrier (e.g., FedEx, UPS), and hereby waive personal service
R. Prohibited Conduct
Use of the Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution.
Furthermore, without limiting other remedies, We may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Website if You: (1) breach this TOS; and/or (2) take actions that We believe may result in legal liability for You, for It, or for other Website users. Globallr reserves the right to deny access to the Website and/or any elements of the Website to any person at any time and for any reason, as allowed by law.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
T. Notice And Take Down Procedures; Copyright Agent.
If You believe any materials accessible on or from website infringe Your copyright, You may request removal of those materials (or access thereto) from this website.
Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act ("DMCA").
To file a copyright infringement notification with us, You will need to send a written communication that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages. In other words, DON’T MAKE FALSE CLAIMS!
To expedite our ability to process Your request, such written notice should be sent to our designated agent who’s contact information is available via our "DMCA Designated Agent" listed below
Ballrs Sports LLC
1732 1st Ave #23335
New York, NY 10128
Please direct all inquiries and other communications relating to the Website and/or the Services to:
Ballrs Sports LLC
1732 1st Ave #23335
New York, NY 10128
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE IN ANY WAY – AND ARE, THEREBY, PROHIBITED FROM ACCESSING THIS SITE. YOU MUST EXIT THE WEBSITE IMMEDIATELY.