Sportoso Terms of
Use
Welcome to the Sportoso website or mobile properties, including
related applications (collectively, this "Website"). This
Website is provided solely to assist customers in gathering information on
sport event, sport center, sport shop or sport gear, posting opinions on sport
event, sport center, sport shop or sport gear, engaging in interactive forums
on sport center, shop, event or gear. The terms "we", "us",
"our" and "Sportoso" refer to the Company,
and our corporate affiliates and websites (collectively, "Sportoso").
The term "you" refers to the customer visiting the Website and/or
contributing content on this Website.
This Website is offered to you conditioned upon your acceptance
without modification of any/all the terms, conditions, and notices set forth
below (collectively, the "Agreement"). By accessing or using this
Website in any manner, you agree to be bound by the Agreement and represent
that you have read and understood its terms. Please read the Agreement carefully,
as it contains information concerning your legal rights and limitations on
these rights, as well as a section regarding applicable law and jurisdiction of
disputes. If you do not accept all of these terms and conditions you are not
authorized to use this Website.
We may change or otherwise modify the Agreement in the future in
accordance with the Terms and Conditions herein, and you understand and agree
that your continued access or use of this Website after such change signifies
your acceptance of the updated or modified Agreement. We will note the date
that revisions were last made to the Agreement at the bottom of this page, and
any revisions will take effect upon posting. We will notify our members of
material changes to these terms and conditions by either sending a notice to
the email address provided to us at registration or by placing a notice on our
Website. Be sure to return to this page periodically to review the most current
version of the Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i)
all information supplied by you on this Website is true, accurate, current and
complete, (ii) if you have a Sportoso account, you will safeguard your account
information and will supervise and be completely responsible for any use of
your account by anyone other than you, (iii) you are 13 years of age or older
in order to register for an account and contribute to our Website and (iv) you
possess the legal authority to enter into this Agreement and to use this
Website in accordance with all terms and conditions herein.
TripAdvisor does not knowingly collect the information of anyone
under the age of 13. We retain the right at our sole discretion to deny access
to anyone to this Website and the services we offer, at any time and for any
reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, replication, posting or
redistribution of the Website Content or any portion thereof is strictly
prohibited without the prior written permission of TripAdvisor. To
request permission, you may contact Sportoso at the following e-box: info@sportoso.com
Users of the Website will not incur any charges for using the
Website in accordance with these Terms and Conditions. However, the Website
contains links to third-party websites which are operated and owned by
independent service providers or retailers. Such third-parties may charge a fee
for use of certain content or services provided on the website. Therefore, you
should make whatever investigation you feel is necessary or appropriate before
proceeding with any transaction with any third party to determine whether a
charge will be incurred. Where Sportooso provides details of charges on the
Website, such information is provided for convenience and information purposes
only. Sportoso in no way guarantees that this information is correct nor is it
in anyway responsible for content or services provided on such third party
websites.
PROHIBITED ACTIVITIES
The
content and information on this Website (including, but not limited to,
messages, data, information, text, music, sound, photos, graphics, video, maps,
icons, software, code or other material), as well as the infrastructure used to
provide such content and information, is proprietary to us. You agree not to
otherwise modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell or re-sell
any information, software, products, or services obtained from or through this
Website. Additionally, you agree not to:
- (i) use this
Website or its contents for any commercial purpose;
- (ii) access,
monitor or copy any content or information of this Website using any
robot, spider, scraper or other automated means or any manual process for
any purpose without our express written permission;
- (iii) violate the
restrictions in any robot exclusion headers on this Website or bypass or
circumvent other measures employed to prevent or limit access to this
Website;
- (iv) take any
action that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure;
- (v) deep-link to
any portion of this Website for any purpose without our express written
permission;
- (vi)
"frame", "mirror" or otherwise incorporate any part of
this Website into any other website without our prior written
authorization; or
- (vii) attempt to
modify, translate, adapt, edit, decompile, disassemble, or reverse
engineer any software programs used by Sportoso in connection with the
Website or the services.
PRIVACY POLICY AND DISCLOSURES
Sportoso
believes in protecting your privacy. Any personal information you post on the
Website will be used in accordance with our Privacy Policy. Click
here to view our policy http://www.sportoso.com/Privacy.aspx
REVIEWS,
COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting
content to this Website by email, postings on this Website or otherwise,
including any sport event, sport center, sport shop or sport gear reviews,
questions, comments, suggestions, ideas or the like contained in any
submissions (collectively, "Submissions"), you grant Sportoso and its
affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable
and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate,
distribute, publish, create derivative works from and publicly display and
perform such Submissions throughout the world in any media, now known or
hereafter devised, for any purpose; and (b) use the name that you submit in
connection with such Submission. You acknowledge that Sportoso may choose to
provide attribution of your comments or reviews at our discretion. You further
grant Sportoso the right to pursue at law any person or entity that violates
your or Sportoso's rights in the Submissions by a breach of this Agreement. You
acknowledge and agree that Submissions are non-confidential and
non-proprietary.
Sportoso does not edit or control the User Messages posted to or
distributed on this Website including through any chat rooms, bulletin boards
or other communications forums, and will not be in any way responsible or
liable for such User Messages. Sportoso nevertheless reserves the right for any
reason in its sole discretion to remove without notice any User Messages and/or
Site Content.
This Website may contain discussion forums, bulletin boards,
review services or other forums in which you or third parties may post reviews
of sport experiences or other content, messages, materials or other items on
this Website ("Interactive Areas"). If Sportoso provides such
Interactive Areas, you are solely responsible for your use of such Interactive
Areas and use them at your own risk. By using any Interactive Areas, you
expressly agree not to post, upload to, transmit, distribute, store, create
or otherwise publish through this Website any of the following:
1. Any
message, data, information, text, music, sound, photos, graphics, code or any
other material ("Content") that is false, unlawful, misleading,
libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights,
abusive, inflammatory, fraudulent or otherwise objectionable;
2. Content
that is patently offensive to the online community, such as content that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
3. Content
that would constitute, encourage, promote or provide instructions for a conduct
of an illegal activity, criminal offense, give rise to civil liability, violate
the rights of any party in any country of the world, or that would otherwise
create liability or violate any local, state, national or international law
4. Content
that provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
5. Content
that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party. In particular, content that
promotes an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
6. Content
that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity, including Sportoso;
7. Unsolicited
promotions, mass mailings or "spamming", transmission of "junk
mail", "chain letters", political campaigning, advertising,
contests, raffles, or solicitations;
8. Content
containing commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes;
9. Private
information of any third party, including, without limitation, surname (family
name) addresses, phone numbers, email addresses, Social Security numbers and
credit card numbers;
10.
Contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
11.
Viruses, corrupted data or other harmful, disruptive or
destructive files;
12.
Content that is unrelated to the topic of the Interactive Area(s)
in which such Content is posted; or
13.
Content or links to content that, in the sole judgment of Sportoso,
(a) violates the previous subsections herein, (b) is objectionable, (c) which
restricts or inhibits any other person from using or enjoying the Interactive
Areas or this Website, or (d) which may expose Sportoso or its affiliates or
its users to any harm or liability of any type.
Sportoso
takes no responsibility and assumes no liability for any Content posted, stored
or uploaded by you or any third party, or for any loss or damage thereto, nor
is Sportoso liable
for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter. As a provider of interactive
services, Sportoso is not liable for any statements, representations or Content
provided by its users in any public forum, personal home page or other
Interactive Area. Although Sportoso has no obligation to screen, edit or
monitor any of the Content posted to or distributed through any Interactive
Area, Sportoso reserves the right, and has absolute discretion, to remove,
screen, translate or edit without notice any Content posted or stored on this
Website at any time and for any reason, or to have such actions performed by
third parties on its behalf, and you are solely responsible for creating backup
copies of and replacing any Content you post or store on this Website at your
sole cost and expense.
If it is determined that you retain
moral rights (including rights of attribution or integrity) in the Content, you
hereby declare that (a) you do not require that any personally identifying
information be used in connection with the Content, or any derivative works of
or upgrades or updates thereto; (b) you have no objection to the publication,
use, modification, deletion and exploitation of the Content by Sportoso or its
licensees, successors and assigns; (c) you forever waive and agree not to claim
or assert any entitlement to any and all moral rights of an author in any of
the Content; and (d) you forever release Sportoso, and its licensees,
successors and assigns, from any claims that you could otherwise assert against
Sportoso by virtue of any such moral rights.
Any use of the Interactive Areas or
other portions of this Website in violation of the foregoing violates the terms
of this Agreement and may result in, among other things, termination or
suspension of your rights to use the Interactive Areas and/or this Website.
INDEMNIFICATION
You agree to defend and indemnify Sportoso
and its affiliates and any of their officers, directors, employees and agents
from and against any claims, causes of action, demands, recoveries, losses,
damages, fines, penalties or other costs or expenses of any kind or nature
including but not limited to reasonable legal and accounting fees, brought by
third parties as a result of:
- (i) your breach of
this Agreement or the documents referenced herein;
- (ii) your
violation of any law or the rights of a third party; or
- (iii) your use of
this Website.
LINKS
TO THIRD-PARTY SITES
This Website may contain hyperlinks
to websites operated by parties other than Sportoso. Such hyperlinks are
provided for your reference only. We do not control such websites and are not
responsible for their contents or the privacy or other practices of such
websites. Further, it is up to you to take precautions to ensure that whatever
links you select or software you download (whether from this Website or other
websites) is free of such items as viruses, worms, trojan horses, defects and
other items of a destructive nature. Our inclusion of hyperlinks to such
websites does not imply any endorsement of the material on such websites or any
association with their operators. In some cases you may be asked by a third
party site to link your profile on Sportoso to a profile on another third party
site. Choosing to do so is purely optional, and the decision to allow this
information to be linked can be disabled (with the third party site) at any
time.
Notice and
Take-Down Policy for illegal content
Sportoso operates on a "notice
and takedown" basis. If you have any complaints or objections to material
or content including User Messages posted on this Website, or if you believe
that material or content posted on this Website infringes a copyright that you
hold, please contact us immediately. Once this procedure has been followed Sportoso
will make all reasonable endeavors to remove illegal content within a
reasonable time.
Modifications
Sportoso may change, add or delete
these Terms and Conditions or any portion thereof from time to time in its sole
discretion where it deems it necessary for legal, general regulatory and
technical purposes, or due to changes in the services provided or nature or
layout of the Website. Thereafter, you expressly agree to be bound by any such
amended Terms and Conditions.
Sportoso may change, suspend or
discontinue any aspect of the Sportoso service at any time, including
availability of any feature, database or content. Sportoso may also impose
limits on certain features and services or restrict your access to all or parts
of the Website or any other Sportoso web site without notice or liability for
technical or security reasons, to prevent against unauthorized access, loss of,
or destruction of data or where we consider in our sole discretion that you are
in breach of any provision of these Terms and Conditions or of any law or
regulation and where it decides to discontinue providing a service.
YOUR
CONTINUED USE OF TRIPADVISOR NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE
OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
JURISDICTION
AND GOVERNING LAW
This Website is operated by an
Italian entity and this Agreement is governed by the Italian law. You hereby
consent to the exclusive jurisdiction and venue of courts in Monza (Italy) and
stipulate to the fairness and convenience of proceedings in such courts for all
disputes arising out of or relating to the use of this Website. You agree that
all claims you may have against Sportoso arising from or relating to this
Website must be heard and resolved in a court of competent subject matter
jurisdiction located in Monza (Italy)