TOUR TRACKER, LLC.
TERMS OF SERVICE
These Terms of Service were last revised on June 1st, 2013.
Tour Tracker, LLC. (“Tour Tracker”, “we”, “us”, or “our”) enables users (“Users”, “you”, “your”) to view and follow racing events, such as cycling and triathlons, through features such as live video feeds, up-to-date results, and commentary support (the “Services”). The Services include and are accessible through the website thetourtracker.com and the applications for mobile devices. Your access to and use of the Services is subject to this TOS and all applicable laws, rules, and regulations. By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this TOS, whether or not you are a registered User of our Services.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this TOS at any time. If we do this, we will indicate at the top of this page the date this TOS was last revised. Your continued use of the Services after any such changes constitutes your acceptance of the updated TOS. It is your responsibility to regularly check to determine if there have been changes to this TOS and to review such changes.
USING OUR SERVICE
To use the Services you must have access to the World Wide Web, either directly or through devices that access Web-based content. Certain features of the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in our sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Services. Your exclusive remedy in the event we change the minimum technical requirements is to terminate your use of the Services.
In order to access certain features of the Services, you may be required to register and create a Tour Tracker account (“Account”). When you set up an Account and use the Services, you must provide accurate and complete information and keep your Account information updated. Account information requested may include but is not limited to, your name, email address, phone number, and billing information (such as bank account and/or credit card information). Do not use another person’s Account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You may delete your Account by contacting us or through the Account settings. We reserve the right to access your Account and to read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) provide any services related to your use of the Services, or (vi) protect our rights, property or safety, our Users and the public. This includes exchanging information with other companies, organizations, and insurance providers for such purposes as fraud protection and spam/malware prevention.
You may not have more than one (1) active Account. We reserve the right to suspend or terminate your Account and your access to the Services at any time. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
You may also register by logging into your account with certain third party social networking sites, such as Facebook (“SNS”). By doing so you are allowing us to access your information from such SNS and use it for such integration purposes. You may edit privacy settings for the information that appears on the SNS.
The content and materials contained on or distributed within the Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, message features, merchandise, logos, and all copyrights and intellectual property related to the Services, Tour Tracker, or any of Tour Tracker’s affiliates, sponsors, licensees, or partners) (collectively, the “Content”) are either owned by, or licensed to, Tour Tracker. Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, limited to license to use the Services solely for your personal entertainment, information, education, and communication. The Content on the Services provided may be updated, deleted, or otherwise modified from time to time at our discretion. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display, or otherwise use the Content in any manner, except as expressly provided in this TOS, without the express written permission of Tour Tracker, and nothing herein shall imply any license or right otherwise. This prohibition applies regardless of whether the derivative works or materials are sold, bartered, or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by us. You may not build a business utilizing the Content, whether or not for profit. Modification of any Content on the Services in any manner is a violation of the applicable owner’s copyright and other proprietary rights. We neither warrant nor represent that your use of Content displayed on the Services will not infringe upon the rights of third parties neither owned by nor affiliated with Tour Tracker.
OTHER PROPRIETARY RIGHTS
The wordmarks, logos, trade names, packaging, and designs (“Marks”) of Tour Tracker and the Services are the exclusive property of Tour Tracker. All other Marks appearing on the Services are Marks of their respective owners, regardless of whether such Marks are displayed with the trademark symbol. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Services in any manner without the express written permission of its respective owner. Except as expressly provided in this TOS, any other use of the Marks is strictly prohibited.
COPYRIGHT & DMCA
We operate the Services in compliance with 17 U.S.C. §512 and the Digital Millennium Copyright Act (“DMCA”). It is our policy to respond to any infringement notices and take appropriate actions under the DMCA and other applicable intellectual property laws. It is our policy to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the DMCA. The DMCA requires that all notices of alleged copyright infringement must be in writing.
If you believe that any Content or material residing on or linked to from the Services infringes your copyright, please send a notification of claimed infringement to our Copyright Agent (see details below) with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the applicable Site(s) (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address; (d) a 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Our Copyright Agent can be reached as follows: email@example.com. Before alleging an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at http://www.copyright.gov/circs/circ01.pdf, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.
By transmitting any messages, feedback, or materials, whether solicited or unsolicited (“Submissions”), you are granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes. At times, we may solicit Submissions from User of the Services, including without limitation, information, ideas, or other materials. It is our practice to post notices on the Services regarding our planned use of such materials where we solicit the Submissions. Your provision of information in response to such a solicitation constitutes a grant by you to us of the rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submissions, you agree to assign all right title and interest to such Submissions without any payment or further obligation to you and to take any and all action necessary to effect such assignment. By posting or submitting any materials to the Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your Submissions on the Services will not infringe or violate the rights of any third party or any applicable law.
We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Tour Tracker does not warrant that the Mobile Software will be compatible with your mobile device. Tour Tracker hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Tour Tracker account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Tour Tracker may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Tour Tracker or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Tourtracker reserves all rights not expressly granted under this Agreement. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Downloaded Software”): You acknowledge and agree that this TOS is solely between you and Tour Tracker, not Apple, and that Apple has no responsibility for the iTunes-Downloaded Software or content thereof. Your use of the iTunes-Downloaded Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Downloaded Software. In the event of any failure of the iTunes-Downloaded Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Downloaded Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Downloaded Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this TOS and any law applicable to us as provider of the Software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Downloaded Software or your possession and/or use of the iTunes-Downloaded Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Downloaded Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this TOS and any law applicable to us as provider of the Software. You acknowledge that, in the event of any third-party claim that the iTunes-Downloaded Software or your possession and use of that iTunes-Downloaded Software infringes that third party’s intellectual property rights, Tour Tracker, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this TOS. You and Tour Tracker acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this TOS as relates to your license of the iTunes-Downloaded Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS as relates to your license of the iTunes-Downloaded Software against you as a third-party beneficiary thereof.
You agree that in connection with your use of the Services, you will not:
(a) impose an unreasonable or disproportionately large load on the Services’ infrastructure, interfere or disrupt the Services or the networks connected thereto, or otherwise restrict or inhibit any other Users from using and enjoying the Services;
(b) transmit any virus, Trojan horse, worm, time bomb, cancelbot, or other similar harmful or deleterious programming routine;
(c) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services (including but not limited to other Users’ Account information);
(d) attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
(e) forge any TCP/IP packet header or any part of the header information in any email or Submission;
(f) harm or attempt to harm us, other Users, or minors; or
(g) transmit any Submissions that: (i) encourage conduct that is, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable; (ii) contain advertising, promotions, spam, or commercial solicitations of any kind; or (iii) constitute or contain false or misleading indications of origin or statements of fact.
Violations of system or network security may result in civil or criminal liability. Any features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, the result of any race or event on the Services. We reserve all rights to investigate occurrences that may involve violations of the security of the use of the Services or of the law, and we may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
PREMIUM SERVICES & MERCHANDISE
We may offer certain services for an additional fee (“Premium Services”). Your use of the Premium Services is subject to the same terms and conditions for the Services under this TOS, and may be subject to additional terms and conditions, and verification of other information that we may request from you, including your IP address. Some areas of the Services may also allow you to order goods or services (“Merchandise”) supplied by us or third-party vendors (“Vendors”). By purchasing the Premium Services or any Merchandise, you acknowledge and agree that your credit card is being charged by a third-party payment processor. For purposes of this TOS, such payment processor will be considered a Vendor.
THE AVAILABILITY OR DISPLAY OF MERCHANDISE ON THE SERVICES IS NOT A GUARANTEE THAT SUCH ITEM IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS, OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY ANY VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE MERCHANDISE OR VENDORS’ SERVICES, OR ANY DAMAGE, LOSS, OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE.
You agree to pay all fees and other applicable charges in accordance with our or our Vendor’s billing practices in effect at the time such fee or other charge becomes payable. We and our Vendor may change our billing practices at any time and may institute new fees or other charges effective upon notice to you. You are responsible for all amounts billed to your account regardless of whether you authorized such billing. Unless otherwise stated, all fees and charges for Premium Services are non-refundable.
We may offer certain Premium Services for which the subscription automatically renews each year, and for which you will be automatically charged without further notice to you, provided that you agree to terms indicating that such Premium Service is offered in this manner. We or our Vendor agree to notify you if the fees charged at the beginning of the renewal period are different than those at the end of the previous period. Access to a Premium Service may be made available to you on a time-limited trial basis at no charge, and other than with respect to the payment terms set forth above, the trial basis is subject to the same terms and conditions of use as set forth in this TOS as the Premium Services that are fee-based. At the end of a trial basis, payment will be required in order to continue to receive access to or use of the applicable Premium Services.
THE SERVICES ARE PROVIDED ON AN “AS IS’ AND ‘AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TOUR TRACKER, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOUR TRACKER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL TOUR TRACKER BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF TOUR TRACKER UNDER THIS TOS IS LIMITED TO THE AMOUNT PAID BY THE USER TO USE THE SERVICES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TOUR TRACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify and hold us, our affiliates, subcontractors, and other partners, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your breach of this TOS, your violation of any rights of another or any Content or Submissions that you post or otherwise submit on, through, or in connection with the Services.
TERMINATION OF THE SERVICES
We may, in our sole discretion, change, suspend, or discontinue any aspect of the Services, at any time with or without notice and with or without cause, including the availability of any feature of or Content on the Services. We may also cancel your registration password, or impose limits on certain features or services, or restrict your access to any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates this TOS or other policies or guidelines posted on the Services, or conduct which we believe is harmful to other Users, to our respective businesses, or to other information providers. Upon any termination of the Services, you shall immediately discontinue your use of the Services and destroy all materials obtained therefrom. The provisions of this TOS will survive the termination of your access to the Services.
This TOS constitute the entire and exclusive understanding and agreement between Tour Tracker and you regarding the Services and Content, and this TOS supersede and replaces any and all prior oral or written understandings or agreements between Tour Tracker and you regarding the Services or Content. You may not assign or transfer this TOS, by operation of law or otherwise, without our prior written consent. We may assign or transfer this TOS, at our sole discretion, without restriction. Subject to the foregoing, this TOS will bind and inure to the benefit of the parties, their successors, and permitted assigns. The failure of Tour Tracker to enforce any right or provision of this TOS will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tour Tracker. Except as expressly set forth in this TOS, the exercise by either party of any of its remedies under this TOS will be without prejudice to its other remedies under this TOS or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this TOS invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this TOS will remain in full force and effect. Any notices or other communications permitted or required hereunder, including those regarding modifications to this TOS, will be in writing and given by Tour Tracker (i) via email to the address that you provide, the date of receipt to be deemed the date on which such notice is transmitted; or (ii) by posting to the Services.
You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This TOS shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as otherwise agreed between the parties, any claim or dispute between you and Tour Tracker that arises in whole or in part from the Services shall be decided exclusively by the state or federal courts with jurisdiction to hear such disputes in the Northern District of California, unless submitted to arbitration if agreed upon by the parties in the dispute.
CONTACTING TOUR TRACKER
If you have any questions about this TOS, please contact us at www.thetourtracker.com/support.