Welcome to the family of websites, mobile applications, or anywhere else these Terms of Service are posted (collectively, the “ Athlinks Site(s)”) where services are made available through the Site (“Services”) owned or operated by ChronoTrack Systems Corp. or its corporate parent(s), subsidiaries and affiliates (“Athlinks” “we” “us” or “our”). The following terms and conditions, together with any other terms, conditions, rules, or guidelines posted within the Site or by use of the Services incorporated by reference (collectively, these “Terms of Service”), govern your access to and use of, including any content, functionality and Services offered on or through the Athlinks Sites, whether as a guest or logged-in user. Athlinks is an event registration and participant services platform whereby users who are event organizers, timers, and owners (“Event Director(s)”) can create event landing pages, facilitate registration, payment, solicit donations, host results and photos and other technology services for events in order to provide such services to those who use the site and participate in such events (“Athlete(s)”).
Athlinks and any subsidiaries and affiliates are collectively referred to herein as “we,” “us” or “our” and “you,” “or “your,” refers to collectively to all users of the Athlinks Sites, including but not limited to Athletes and Event Directors. Please note that special terms may apply to certain Services offered on the Site, including premium content that requires a membership, rules for particular promotions, or other features or activities and such terms will be posted on the applicable Athlinks Sites. Any such terms are in addition to these Terms of Service, and in the event of any conflict, prevail over these Terms of Service.
Acceptance of the Terms of Service
Accessing the Athlinks Sites, Registration and Account Security
We reserve the right to withdraw or amend the Athlinks Sites, and any service or material we provide on the Athlinks Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Athlinks Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Athlinks Sites, or the entire Athlinks Sites, to users, including registered users.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Event Registrations, Purchases and Fees
Athlinks provides the capability for Event Directors to facilitate registration and payment for events, products or services, including donations or other fundraising, but Athlinks is not the organizer or owner of the events themselves. The Event Director is solely responsible for all aspects of the event including ensuring the accuracy and completeness of all information posted about the event and ensuring the event is conducting in a manner that meets all applicable laws, rules and regulations.
If you wish to make a purchase or register for an event through the Athlinks Sites, you will be required to provide certain information, including credit card information, in order to complete the transaction. You agree to pay all charges and fees incurred by you, including any applicable taxes, processing or other fees. You represent and warrant that all information you provide will be accurate and you consent to Athlinks providing such information to Event Directors and other third parties in order to facilitate the transaction. Event Directors may charge a non-refundable processing or service fee, which is either passed along to the athlete or included in the registration price and paid by the Event Director out of the registration proceeds. The processing fees paid by Athletes are not always the same as those charged by Athlinks for use of the Athlinks registration platform. Athletes may also be charged additional fees including facility, use, service, fulfillment or other fees as set by the Event Director. Please note that certain fees may be charged by your bank or credit card company including fees for purchasing event registrations or products or services in foreign currencies or from foreign Event Directors. Athlinks recommends consulting with the appropriate financial institutions prior to consummating a transaction to understand all applicable fees, credit card charges and currency conversion rates (if applicable).
Athlinks is not a party to and makes no representations or warranties with regard to any events, products or services sold by Event Directors or other third-parties through the Athlinks Sites. Athlinks will not be responsible for any costs or damages arising out of any interaction or transaction between the Event Director and the Athlete. Athlinks is not responsible for vetting any Event Directors or their events, products or services and assumes no liability for any actions, inactions, or other activities of Event Directors or their employees, affiliates, contractors or related parties. Event Directors may impose additional terms and conditions with respect to their events, products and services.
Refunds and Event Cancellation
Event Directors are responsible for posting the applicable cancellation, refund, return and exchange policies for each of their events, products or services sold through the Athlinks Sites. You understand and agree that Event Directors often reserve the right to cancel events for a variety of reasons including but to limited to poor weather conditions, acts or war, terrorism, riots or other reasons that would impact the safety or security of the participants and spectators. All event policies and rules are at the discretion of the Event Director and Athlinks is not responsible in any way for such policies or rules.
If you need to request a refund or have any issues with respect to a purchase, please contact the Event Director for processing as the Athlinks Sites only facilitate the transaction between the Athlete and the Event Director. Athlinks shall have no liability to the Athlete or the Event Director for its actions or inactions in resolving or failing to resolve any disputes.
Event Video, Photography and Results
By participating in an event that uses the Athlinks Sites for display of photography, video or results (“Athlete Images and Data”), you hereby grant Athlinks a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your image and likeness in the Athlete Images and Data uploaded by Event Directors on or through the Athlinks Sites.
If you are an Event Director or acting on behalf of an Event Director and you upload any Athlete Images and Data, you hereby grant Athlinks a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the Athlete Images and Data on the Athlinks Sites.
You may use the Athlinks Sites only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Athlinks Sites:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards as set forth in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Athlinks Sites, or which, as determined by us, may harm Athlinks or users of the Athlinks Sites or expose them to liability.
Additionally, you agree not to:
- Use of the Athlinks Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Athlinks Sites, including their ability to engage in real time activities through the Athlinks Sites.
- Use any robot, spider or other automatic device, process or means to access the Athlinks Sites for any purpose, including monitoring or copying any of the material on the Athlinks Sites.
- Use any manual process to monitor or copy any of the material on the Athlinks Sites or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Athlinks Sites.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Athlinks Sites, the server on which the Athlinks Sites is stored, or any server, computer or database connected to the Athlinks Sites.
- Attack the Athlinks Sites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Athlinks Sites.
Any User Contributions you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Athlinks Sites, you grant us and our affiliates and service providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You understand that by posting, any messages, text, files, images, video, photos, sounds, or other materials on or through the Athlinks Sites (“User Contributions”), you are granting Athlinks, its subsidiaries, affiliates, assigns, agents, and licensees the irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Contributions.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Athlinks, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Athlinks Sites.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Athlinks Sites.
- Terminate or suspend your access to all or part of the Athlinks Sites for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Athlinks Sites. YOU WAIVE AND HOLD HARMLESS ATHLINKS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ATHLINKS OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not review all material before it is posted on the Athlinks Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any accuracy, action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), Athlinks has designated an agent (“Copyright Agent”) to receive notices of claimed copyright infringement. If you (or an agent authorized to act on your behalf) believe in good faith that your work on the Athlinks Sites is used in a way that constitutes copyright infringement, please provide written notice to Athlinks’ Copyright Agent by email to email@example.com or by mail to Athlinks, 1795 Dogwood St, Suite 400, Louisville, CO, 80027. Attn: Copyright Agent with the following information: (a) a physical or electronic signature of a person authorized to act on the copyright owner’s behalf; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the copyrighted work is located on the Athlinks Sites, including if possible a URL; (d) your address, telephone number and email address; (e) a statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent or the law; and (f) a statement, 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. In accordance with the DMCA, Athlinks may delete, remove or disable any infringing work, and may forward to the alleged infringer your written notice and its own notice that the work has been deleted, removed or disabled. Athlinks reserves the right to terminate members who have posted infringing work.
Intellectual Property Rights
The entire contents of the Athlinks Sites are copyrighted under the law as collective work and/or compilation. Athlinks holds and owns the copyright and all other proprietary and intellectual property rights and title in and to the collective work, including but not limited to the pages, graphics, design, text, sound recordings, images, materials and content of the Athlinks Sites, some of which may be trademarked. You agree that you will not copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from, any of the contents of the Athlinks Sites, including any information, products or services, without Athlinks’ express written consent. Subject to these and any other express restrictions with regard to specific material, you understand that you may download information concerning your Athlinks Account, event or other information as allowed by Athlinks applicable to my use of the Athlinks Sites. You further agree that Athlinks does not need to give me any further right to approve its uses of my User Contributions.
The Athlinks name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Athlinks or its affiliates or licensors. You must not use such marks without the prior written permission of Athlinks. All other names, logos, product and service names, designs and slogans on this Athlinks Sites are the trademarks of their respective owners.
Reliance on Information Posted
The information presented on or through the Athlinks Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Athlinks Sites, or by anyone who may be informed of any of its contents. We may update the content on the Athlinks Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Athlinks Sites may be out of date at any given time, and we are under no obligation to update such material.
This Athlinks Sites include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Athlinks, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Athlinks. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Athlinks Sites
If the Athlinks Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Athlinks Sites linked to from the Athlinks Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Athlinks Sites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Athlinks Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ATHLINKS SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATHLINKS SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ATHLINKS SITES LINKED TO IT.
YOUR USE OF THE ATHLINKS SITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATHLINKS SITES IS AT YOUR OWN RISK. THE ATHLINKS SITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATHLINKS SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ATHLINKS NOR ANY PERSON ASSOCIATED WITH ATHLINKS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ATHLINKS SITES. WITHOUT LIMITING THE FOREGOING, NEITHER ATHLINKS NOR ANYONE ASSOCIATED WITH ATHLINKS REPRESENTS OR WARRANTS THAT THE ATHLINKS SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATHLINKS SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ATHLINKS SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ATHLINKS SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ATHLINKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL ATHLINKS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN OR SPECTATING AT ANY EVENT, THE USE, OR INABILITY TO USE, THE ATHLINKS SITES, ANY ATHLINKS SITES LINKED TO IT, ANY CONTENT ON THE ATHLINKS SITES OR SUCH OTHER ATHLINKS SITES OR ANY SERVICES OR PRODUCT OBTAINED THROUGH THE ATHLINKS SITES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Athlinks, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Athlinks Sites, including, but not limited to, your User Contributions, any use of the Athlinks Sites’ content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Athlinks Sites.
Governing Law and Jurisdiction
All matters relating to the Athlinks Sites and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Athlinks Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota and County of Hennepin although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
Waiver and Severability
No waiver by Athlinks of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Athlinks to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Changes to Terms of Service
Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Athlinks Sites should be directed to firstname.lastname@example.org.
Thank you for visiting the Athlinks Sites.
© 2016 ChronoTrack Systems Corp. All rights reserved.