last edited 03/12/2011
1. Access to the Services
2. Site Content
The Site and its contents may only be used in accordance with the Terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
3. User Submitted Content
From time to time, you may submit to us copies of works of authorship ("Content"). You retain all ownership rights to any Content posted to or transmitted by you through the Service to which you are entitled by law. We do not claim any ownership rights to any Content posted to or transmitted by you through a Service. However, by uploading Content to our Site, you grant, represent and warrant that you have the right to grant, and/or represent and warrant to us that the owner of the copyright has granted a perpetual, royalty-free, irrevocable right and license to display, perform, reproduce, adapt, and distribute such Content, and to incorporate such Content into any form, medium, or technology now known or later developed. In addition, you represent and warrant to us that all so-called moral rights or their equivalents worldwide in the Content have been waived.
You may encounter Content submitted by other users on the Site. You must use your own judgment in evaluating this Content, and you agree that Sport Recon is not responsible for this Content.
Although Sport Recon does not exercise editorial control over user-submitted Content, we reserve the right to take action to prevent the misuse of the Service for unlawful or objectionable Content. Accordingly, you agree not to use the Service to post, upload, or transmit any Content that is:
- unlawful under the laws of any jurisdiction to which you or Sport Recon are subject;
- harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations);
- insider information, or any other proprietary or confidential information;
- an infringement of any patent, trademark, trade secret, copyright or other intellectual property right;
- falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; or
- containing or transmitting software viruses or any other malicious computer code, files or programs designed to gain unauthorized access to a computer, or to interrupt, destroy or limit the functionality of any computer software.
4. Our Compliance With Copyright Law
We will comply with all applicable laws respecting copyright. If you believe your copyright in a work has been infringed through our Site, please contact us.
You must provide us with the following information in writing:
- a description of the copyrighted work you believe has been infringed;
- information sufficient to identify the location of the allegedly infringing material on Sport Recon;
- your address, telephone number, and email address;
- a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner; and
- your physical or electronic signature. Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may terminate the account of the registered user responsible for posting or transmitting the infringing material.
5. Description of Sport Recon
Sport Recon is an Online Event Registration service that allows you to create, publish and promote events online through the Web. Event managers can register on the Sport Recon website, fill out information on their event ("Event"), and provide attendees with personalized registration, on a chargeable basis. Event Managers collect payments from event registrants, through Sport Recon. Payments are all transacted through PayPal, for currencies supported by PayPal and Sport Recon.
6. Payment Processing Information
Payment processing when using Sport Recon is transacted through PayPal Service (collecting registration fees using PayPal) and aheres to PayPal's Acceptable Use Policy. All transactions are conducted in US Dollars, unless otherwise specified. Debut events require a verified PayPal account. Minimum event fee $1 USD.
- You will collect monies directly and by signing up for and using Sport Recon, you agree to payment to Sport Recon for service charges owed.
- You accept the responsibility to provide refunds to paid registrants at your own discretion. Sport Recon will not be held liable for refunds or lack thereof during the use of the PayPal Service.
- Any credit card chargebacks initiated by the event registrant for any reason, with the exception of fraudulent use of the credit card, shall be charged back to you. Sport Reconshall either (i) deduct these costs from your outstanding balance, whether for that particular Event or for any other Event that you list with Sport Recon; or (ii) send an invoice to you for said costs if no balance exists. If payment for said invoice is not received by Sport Recon within thirty (30) days, Sport Recon reserves the right, at our sole discretion, to terminate this Agreement and to cancel all other Events listed by you as provided herein.
- Upon receipt of a credit card authorization from each individual purchase, Sport Recon generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all registration commitments that have been confirmed by Sport Recon. It is Your responsibility to verify the customer's membership status, confirmation number, and/or any event restrictions prior to the Event.
7. Paid Registrant Refund Policy
Paid registrant refund policies are subject to the Terms of Service of the Event for which a registration has been purchased, and at the discretion of the Event Manager. The paid registrant shall request a refund from the Event Manager responsible for the event in question. You accept the responsibility to provide refunds to paid registrants at your own discretion. Sport Recon will not be held liable for refunds or lack thereof. Our Service or processing charges are non-refundable under all circumstances.
8. Order Confirmation
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with the Event Manager whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Sport Recon user. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You are not authorized to present any of the Site, or any part of any of the Site, in a "frame" or inline link on any other site without prior written permission from Sport Recon. You may not try to copy, decode, reverse-engineer, decompile or disassemble the software used by us to provide the Service, including without limitation Java applets associated with the Service.
10. Warranty Disclaimer
Sport Recon has no special relationship with or fiduciary duty to User. User acknowledges that Sport REcon has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Sport Recon from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to Site containing, information that some people may find offensive or inappropriate. Sport Recon makes no representations concerning any content contained in or accessed through the Site, and Sport Recon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): SPORT RECON MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Sport Recon will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Sport Recon's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.
11. Registration and Security
As a condition to using certain Services, User may be required to register with Sport Recon and select a password and User name ("Sport Recon User ID"). User shall provide Sport Recon with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Sport Recon User ID a name of another person with the intent to impersonate that person; or (ii) use as a Sport Recon User ID a name subject to any rights of a person other than User without appropriate authorization. Sport Recon reserves the right to refuse registration of, or cancel a Sport Recon User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Sport Recon password.
User will indemnify and hold Sport Recon, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.
13. Limitation of Liability
IN NO EVENT SHALL SPORT RECON BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
14. Assumption of Risk and Release
You acknowledge that there are certain risks inherent in any athletic activity, and you agree to assume all such risks in connection with participation in the Event. On behalf of yourself and your representatives, successors, heirs and assigns you release, hold harmless and waive the right to bring any claim against the Released Parties (as defined below) arising from or related to participation in the Event, including without limitation for any injury, death or property damage or loss, even if caused by the negligence of one or more of the Released Parties. “Released Parties” means Sport Recon; the municipalities, counties, and states where the Event takes place; and any other agency or organization that sponsors the Event or whose personnel assist in or whose property is used for the Event, in each case together with their respective affiliates, employees, directors, officers, shareholders and agents.
15. Right of Publicity and Privacy
Sport Recon may use participant’s name and likeness, without compensation to you, in connection with the promotion of the Event, publication of the results of the Event, and post-Event reporting. You agree to hold the Released parties harmless from and waive claims based on the right of publicity or right or privacy, or similar legal theories, in connection with any such usage.
Either party may terminate the Services at any time by notifying the other party by any means. Sport Recon may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
17. Force Majeure
Sport Recon is not responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations or other causes that are beyond Sport Recon's reasonable control. In the event of such a failure, Sport Recon's obligations shall be suspended until such time as the cessation of any cause of such failure.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Sport Recon shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Sport Recon's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Sport Recon's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. User agrees to personal jurisdiction by the state and federal courts sitting in country of residence. The parties hereby expressly waive trial by jury or to participate in a class action in any proceeding, action or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration. Both parties agree that this Agreement, Sport Recon's Privacy Statement, and other policies posted by Sport Recon on the Site are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Sport Recon in any respect whatsoever.