Effective Date: March 25, 2018
BY USING THE SERVICES, YOU AGREE TO THE TERMS AND ALL REVISIONS THEREOF. IF YOU DO NOT AGREE – DO NOT USE THE SERVICES.
AGE RESTRICTIONS AND AUTHORIZATION
The Services are intended solely for Users who are thirteen (13) years of age or older and it is a violation of the Terms for anyone under 13 to sign up for the Services. Thus, you represent and warrant that you are 13 or older.
When signing up for the Services, you authorize Atleto, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial payment information and verifying your information against third party databases, networking sites, or through other sources.
You represent and warrant that you are using the Services only for your own personal, non-commercial use. All other use of the Services is prohibited.
ACCESS TO THE SERVICES
Atleto provides the Services free of charge for the Users through the Software, currently via an application for mobile devices ("App") and on the Site. Atleto reserves the right to require fees, including user-fees and download-fees, at any time without prior notice.
To access all the Services available, you must create an Atleto account either by direct sign up via the App or by usage of another sign up feature made available by Atleto. This section, “ACCESS TO THE SERVICES,” establishes additional terms that apply to such accounts.
You may only create and hold one account for the Services, and you may not use anyone else’s account. Any signup is subject to you providing true, accurate and complete information ("User Data") as prompted by the relevant sign up feature. You undertake to keep your User Data accurate and current and thus without undue delay update your User Data when relevant. To update your account information, go to main menu, select “My Profile”, and select “Edit Profile”.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and you must not permit use of your account by anyone else. You accept responsibility for all activities that occur under your account, including product purchases made using your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use of your account.
You authorize us to use the contact information you provide us to communicate with you about your orders and our Services and products. You may opt out of receiving marketing e-mails from us by following the opt-out instructions provided to you in those e-mails.
We reserve the right to terminate your account at any time, for any reason. In addition, you may close your Account at any time by sending an e-mail to email@example.com stating your username and that you want to close your account. The e-mail needs to be send from the e-mail address we have on record in order for us to verify you.
User generated content
Any Content as defined below that you and other Users post or otherwise make available through the Services, except such Content owned by Atleto or business partners, shall be deemed "User Generated Content". This includes offers, communications, materials, information, data, profiles, messages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds, and any other Content.
Content ("Content") includes but is not limited to logos, trademarks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustrations, interfaces, Software data etc. incorporated into, accompanying or generated by the Software.
You acknowledge, consent and agree that Atleto may access, preserve and disclose your User Data, and other of your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond to claims that any Content or User Generated Content violates the rights of third parties or protect the rights, property or personal safety of Atleto, its Users and the public.
User Interaction Disclaimer
You bear all responsibility for your User Generated Content. You agree not to provide User Content that (1) violates applicable law; (2) is harmful, abusive, offensive, false, threatening, disparaging, defamatory or racist; (3) promotes violence or unlawful activity; (4) violates any person’s or entity’s legal rights (including intellectual property, privacy and publicity rights); or (5) purports to speak on behalf of us. When you provide User Generated Content, you represent that you have the right to provide it to us, and that the User Generated Content is not inaccurate, false or misleading.
Atleto reserves all rights to edit, remove, or refuse to post any submitted information, including User Generated Content.
You are solely responsible for your interactions with other Users, whether online or in person. You understand that Atleto currently does not conduct criminal background checks or screenings of Users, inquire into the backgrounds of all of its users, or attempt to verify the statements of Users. Atleto makes no representations or warranties as to the conduct of Users. Atleto reserves the right to conduct screenings of Users including, but not limited to, criminal background checks or sex offender register searchers, at any time and using available public records.
Atleto assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services, including, without limitation, death, bodily injury, emotional distress, or any other damages resulting from communications or meetings with other users or persons you meet through the Services.
You agree to take reasonable precautions in all interactions with other Users on the Atleto platform, and conduct any necessary investigation before meeting another person. Atleto is under no obligation to become involved in any disputes between Users, but may do so at its own discretion. If Atleto chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.
Atleto does not monitor or prescreen User Generated Content prior to posting. Atleto does not undertake any obligation or liability relating to any User Generated Content or activities of Users on the Services.
STANDARDS OF CONDUCT
The Services that Atleto provides are strictly for the registered user only. We will not be held accountable for any information that is used by a third party. In addition, you may not use Atleto to spread or communicate anything:
The Services are rendered to and accessed by you via the internet or other data transmission facilities or carriers by use of an applicable device (computer, mobile phone etc.) of your own choice. Your carrier's normal rates and fees apply.
SPECIAL GROUP COMMUNITY STANDARDS AND CODE OF CONDUCTS
Some groups have additional Community Standards and Code of Conducts, and by accepting these terms and conditions you automatically accept the following additional Community Standards and Code of Conducts, if you become a member of one or more of the respective group(s).
The following groups have their own additional Community Standards and Code of Conducts and you shall click on the link to see the full Community Standard and Code of Conduct for each group relevant to you.
Beloit College: RECREATIONAL ACTIVITY/EVENT PARTICIPATION AGREEMENT REGARDING ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION
I, desire to participate in Recreational Activities/Events/Field Trips which shall include but not be limited to participation in recreational activities such as biking trips and rental, camping trips, canoeing/kayaking trips, fund raising events, rock climbing, yoga, calisthenics, pilates, aerobics, etc. at Beloit College (the “College”) and in consideration of being allowed to participate in Recreational Activities/Events/Field Trips, I hereby acknowledge and agree as follows:
I. I am fully informed or otherwise aware of, and fully assume, all risks to person and property in connection with my participation in Recreational Activities/Events/Field Trips, (including, but not limited to, damage and loss of property, bodily injury, medical treatment and death). I am in good physical and mental health and do not have any physical or mental conditions which could affect my ability to participate in Recreational Activities/Events/Field Trips. I have medical insurance coverage appropriate for my participation in Recreational Activities/Events/Field Trips and have provided evidence of such insurance coverage and emergency contact information to the College.
II. I fully and forever RELEASE, WAIVE AND DISCHARGE, AND COVENANT NOT TO SUE, the College, (including, but not limited to, its trustees, employees, students, agents, assigns and representatives) from and for any and all demands, claims, actions, suits, damages, losses, liabilities, costs and expenses arising, directly or indirectly, in connection with my participation in Recreational Activities/Events/Field Trips from any cause whatsoever (including, but not limited to damage, and loss of property, bodily injury, medical treatment and death), whether or not foreseeable or contributed to by the negligent acts or omissions of the College or others.
III. I shall INDEMNIFY AND HOLD HARMLESS the College (including, but not limited to, its trustees, employees, students, agents, assigns and representatives) for and from any and all demands, claims, actions, suits, damages, losses, liabilities, costs and expenses arising, directly or indirectly, as a result of my intentional or negligent acts or omissions from any cause whatsoever (including, but not limited to, damage and loss of property, bodily injury, medical treatment and death), whether or not foreseeable or contributed to by the negligent acts or omissions of the College or others.
IV. I shall fully comply with all applicable laws, College policies and Recreational Activities/Events/Field Trip rules and regulations and activity/event instructions provided by College employees, , other third-party providers, including but not limited to YMCA, NorthPointe employees or others while participating in Recreational Activities/Events/Field Trips. If my participation in Recreational Activities/Events/Field Trips is at any time deemed detrimental to myself or any other participants, as determined by the College in its sole discretion, I understand that (i) I may be expelled or suspended from participating in the current or future Recreational Activities/Events/Field Trips without the incurring any liability, (ii) I may incur liability to the College under this Agreement, and (iii) I may be subject to further disciplinary action by the College.
V. This Agreement constitutes the entire agreement, and supersedes any prior or contemporaneous agreements, understandings, or negotiations, with respect to the subject matter hereof. This Agreement (i) may not be amended or modified, by course of conduct or otherwise, and (ii) may not be assigned or transferred, in whole or in part, except in writing duly executed by me and the College. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Wisconsin, without regard to the conflicts or choice of law principles thereof, and shall be as broad and inclusive as permitted by such laws. In the event that a court of competent jurisdiction shall hold any provision of this Agreement unenforceable, such unenforceability shall not affect any other provision, and this Agreement shall be construed as if such provision, to the extent of such unenforceability, had never been incorporated herein.
VI. I (i) have read and fully understand this Agreement, (ii) intend that this Agreement be legally binding upon and enforceable against me and my family members, estate, heirs and legal representatives commencing the date this document is executed and continuing until the latter of when my a) enrollment at the College or b) participation in College Recreational Activities/Events/Field Trips ends, (iii) intend that this Agreement inure to the benefit of the College, and (iv) confirm that I am at least eighteen years of age, fully competent, and entering into this Agreement voluntarily of my own judgment.
CHANGES AND NOTICE
We are entitled to revise the Terms at any time.
We reserve the right to take any of the following actions in our discretion at any time, and without giving you prior notice:
We will not be liable to you or any third party for taking any of these actions.
CONTESTS AND SWEEPSTAKES
We may offer sweepstakes or contests, which may be hosted by or offered in conjunction with third parties. Additional or different terms may apply to such contests or sweepstakes. The relevant terms will be posted where information is collected to enter into the contest or sweepstakes. If the other terms are inconsistent with these Terms, the other terms will govern for that contest or sweepstakes.
DISCLAIMER OF WARRANTIES AND LIABILITY
The Services are provided "AS IS," “AS AVAILABLLE,” and “WITH ALL FAULTS,” without any express or implied warranties of any kind. Atleto disclaims all warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Atleto cannot guarantee that use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors, omissions, or malfunctions will be corrected, that the Services or the server that makes the Services available are free of viruses or anything else harmful. Atleto does not warrant that the Services or their Content will continue to be available.
To the fullest extent permitted by law, Atleto undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise. Atleto is not liable for any communications between Atleto and you, or between you and other users of the Services.
You bear the responsibility and cost of your choice of data transmission facilities.
You understand and agree that you download or otherwise obtain the Services at your own risk, and will be solely responsible for your use and any damage to your mobile device, computer system or other device by which you access the Services, loss of data or other harm of any kind that may occur as a result thereof. If you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue accessing and using the Services.
INTELLECTUAL PROPERTY RIGHTS – USE RESTRICTIONS
All Intellectual Property to Content (except from User Generated Content) featured or displayed via the Services, is the property of Atleto, its subsidiaries or Atleto's business partners and is protected under Danish and other copyright laws, patent and trademark laws and other legislation.
Atleto, its subsidiaries and its respective partners reserve all rights to Content not expressly granted under these Terms. The Atleto name, logos, product and names related to the Services are the exclusive trademarks of, and are owned by, Atleto and may not be used or displayed in any manner without the prior written permission from Atleto.
We grant you a limited non-exclusive, non-transferrable license to access and use our Services for your personal, non-commercial use only in accordance with these Terms. Any commercial use or use for data collection and/or profit is not allowed. This license authorizes you to view, download, print, and access Content via the Services in accordance with the terms of this Agreement during the timeframe in which your account is active. You agree not to (1) archive, store in a database or otherwise copy any part of the Services or their content; (2) modify or otherwise create derivative works of the Services or their content; (3) distribute or otherwise disseminate any part of the Services or their content; and (4) in any way exploit any part of the Services or their content.If you download Software, including any other Content, from the Site or App, associated sites and/or distribution channels, the Software is licensed to you by Atleto. Atleto does not transfer title to the Software to you.
THE LICENSE TO USE THE SOFTWARE AND SERVICES IS LIMITED, PERSONALLY, NON-EXCLUSIVE AND NON-TRANSFERABLE.
You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redis-tribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, Atleto, its officers, agents, representatives, employees, partners and licensors ("Released Parties") shall not be liable for any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Generated Content, even if Atleto has been advised of the possibility of such damages. That said if Atleto is found to be liable to you for any damage or loss which is in any way connected with your use of the Services or any Content, Atleto's liability shall not exceed any download-fees paid by you for the use of the Services or USD 100 whichever is the higher.
You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services.
We will not be liable for any failure or delay in our performance due to any cause beyond our reasonable control, including acts of war, acts of god, acts of shippers or other third party service providers, earthquake, flood, embargo, riot, sabotage, labour shortage or dispute, governmental act, power failure or failure of the internet or computer equipment.
If links are established to a third-party website, Atleto does not endorse and is not liable for the contents of such third-party websites. This includes links to partner's website that may use Atleto's logos as part of a co-branding agreement.
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 in its entirety. However, you agree the provisions of liability will be limited to the extent permitted by law.
You agree to indemnify, defend, and hold harmless the Released Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of the Services and / or Content and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
Atleto may assign its rights and obligations under these Terms to any party at any time without notice to you. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Atleto may use subcontractors to perform the Services. Such subcontracting parties shall comply with the applicable provisions of the Terms.
Atleto's failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
The Services are rendered to you under and in accordance with Delaware law. Any dispute between you and Atleto is governed in all respects by Delaware law.
The venue for any dispute between you and Atleto shall be the State of Delaware.
You agree that any notice, agreement or other disclosed communication that Atleto sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
SEVERABILITY AND PERSEVERANCE
Should any provision of the Terms be held invalid, unlawful, void or unenforceable, the remainder of the Terms shall continue to be valid and enforceable. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Any provisions of the Terms which by their nature shall survive any termination of use of the Services, irrespective of the cause, shall survive the termination.
If you have any questions or concerns about these Terms or the Services, please contact us at: firstname.lastname@example.org