AMERICA’S CUP EVENT AUTHORITY
2. Access to the Website
2.3 While we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the whole or any part of the Website is or should become unavailable at any time or for any period. In particular, but without limitation to the foregoing, access to the whole or any part of the Website may be discontinued or suspended temporarily and without notice in the case of system maintenance or repair, in the case of system failure or for other reasons beyond our control or otherwise at our absolute discretion.
3. Use and Protection of User Name and Password
3.2 You are responsible for maintaining the confidentiality of your User Name and Password. You agree to notify us immediately by contacting us at the address below as soon as you become aware of any breach of the confidentiality of a Password or User Name assigned to you, or any breach of security through your account.
3.3 YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE BY ANYONE USING THE PASSWORD AND USER NAME ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
4.1 Subscriptions. Each member of the Supporters Club may be required to pre-pay an annual subscription fee. We may grant an initial free trial in our discretion. In such cases, payment will be due when the free trial expires. Non-payment will always result in immediate cancellation of the membership.
4.2 Other Goods and Services. From time to time there may be goods or services offered which will be described on the Website for interested users. If you order such goods or Services electronically using the Website, the charges will be added to your account.
6. Use of Content
6.1 By using the Website, you acknowledge that: (a) we do not pre-screen content and, as such, we do not guarantee the accuracy, integrity, or quality of such content; (b) you will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content; (c) you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (d) under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damages or any kind incurred as a result of the use of any content.
6.4 Without prejudice to the generality of the foregoing paragraph, the prohibitions set out therein apply without limitation to any audio recording or commentary, visual or audio-visual works (whether live, delayed or recorded), data, statistics, live racing coverage services, text commentary services, reviews, articles, trade marks, logos or photographs (or any part of any of the foregoing) that appear on the Website from time to time.
7. Your Contributions
8. Your Conduct
8.1 You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by us, other users of the Website and/or any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory or offensive content or disruption of normal flow of dialogue within the Website.
8.2 Without prejudice to the generality of the foregoing paragraph, you are prohibited from submitting or transmitting (whether deliberately or inadvertently) to or from the Website any content: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licenses and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party anywhere in the world; and/or (d) which is or may be technically harmful, including (without limitation) any content which contains or consists of computer viruses, spyware, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data. You must not: (i) upload, post or otherwise transmit any content that violates or infringes any patent, trademark, trade secret, copyright, contractual or proprietary right of any party; (ii) upload, post or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that interferes with or disrupts the Website or servers or networks connected to the Website; (iii) disobey any requirements, procedures, policies or regulations of networks connected to the Website, or otherwise harass another, collect or store personal data about other users, data, robots or similar data gathering and extraction tools; (iv) promote or provide instructional information about illegal activities; (v) promote physical harm or injury against any group or individual; (vi) promote any act of cruelty to animals; or (vii) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional content, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation. You also agree to not use us to engage in commercial activities without our prior written approval.
8.3 The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours and our affiliates without our express written consent. You may not use any meta tags or any other hidden text utilizing our name or trademarks without our express written consent.
9.1 Links from the Website. Links to third party websites on the Website or for America’s Cup Team pages are provided solely as a convenience to you. We have not necessarily reviewed all of these third party websites and pages and we do not control and are not responsible for the accuracy or availability of information, content or services provided by them. We therefore do not endorse or make any representations about them, or any content found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website or America’s Cup Team pages on the Website, you do so entirely at your own risk and subject to the terms and conditions that may be applicable to such websites.
9.2 Links to the Website. Links from third party websites to the Website may be created through plain-text links only (i.e. no logos) and provided they do not create an association with a third party brand, product or service. For other types of links to the Website, you must obtain our express written permission. We reserve the right to deny or rescind permission to link to the Website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion.
10. Intellectual Property
10.1 All intellectual property and other proprietary rights, including (without limitation) copyright, trade marks and database rights, in the Website and its contents are owned by or licensed to us, or otherwise used by us as permitted by applicable law. The America’s Cup wordmark, the America’s Cup trophy, logo(s) and emblem(s), and other ACEA-owned logos and designs are our registered trade marks in territories around the world. Furthermore, all rights in the event names, main trophies, company names, trade names, logos, product packaging and designs of ours or of America’s Cup Teams or of our official sponsors, licensees, suppliers, or other third-party products or services used or referenced on the Website, belong exclusively to ACEA or such third-party, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international laws, as applicable.
10.2 The use or misuse of these trade marks or any content, except as expressly permitted herein, and including without limitation use as a domain name or as part of a domain name, is expressly prohibited and nothing stated or implied on the Website confers on you any license or right under any patent, copyright work, trade mark, design or other right of a similar nature of ours or any third party.
10.3 Nothing stated or implied in the Website is designed to grant any license or right under any copyright or other intellectual property rights of ours or any third party or to use any names, logos, pictures, trade marks or other works or content featured on the Website. No act of downloading or otherwise copying or reproducing from the Website will transfer title to you to any software or content on the Website, unless express statements are communicated to you by us to the contrary.
10.4 All photos used on the Website are owned by or licensed to ACEA. Photos may not be reprinted or otherwise reproduced without our authorization and any requests for use of photos on the Website should be made to ACEA.
11. Notification of Copyright Infringement
11.1 We may, in appropriate circumstances and at our sole discretion, terminate the accounts of users involved in disputes regarding intellectual property rights and remove or disable access of such user to the Website. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website, you must provide our Copyright Agent with a written notice (“Notice”) containing the following elements: (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner that is alleged to have been infringed; (b) a description of the copyrighted work(s) that you claim have been infringed including the date the work(s) was created, the name of the author(s), the title of the work(s), and whether the work(s) has been registered with the United States Copyright Office. If the work(s) has been registered with the United States Copyright Office, also provide a copy of the Copyright Registration; (c) a description of the activity or the content on our Website claimed to infringe the copyright including where the content is located on the our Website; (d) information sufficient to permit us to contact you, such as your physical address, telephone number, email address, and facsimile number; (e) a statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law, and infringes upon the copyright identified; and (f) a statement by you under penalty of perjury, that the information in your Notice is accurate and, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11.2 Notice of claims of copyright infringement should be sent to:
America’s Cup Event Authority LLC
Pier 23, Suite 100
San Francisco, California 94111
Attn: DMCA Agent
The security of Internet traffic is uncertain and so, if you communicate with us by e-mail, you accept the risks of such uncertainty and the possible lack of security and threat to confidentiality which may result from any such communication.
13. Notice to Parents
14. Children Under 18
If you are under 18, you must obtain the approval of your parent or legal guardian before using the Website. By continuing to use the Website and any of the services, activities or features on the Website, you are confirming that you have received the consent of your parent or a legal guardian.
15.1 ALTHOUGH WE WILL TAKE REASONABLE CARE TO ENSURE THAT ANY INFORMATION AND DATA ON THE WEBSITE IS UP TO DATE AT THE TIME OF PUBLICATION, IT MAY BE OR BECOME OUT OF DATE FROM TIME TO TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE THE SAME. ANY AND ALL INFORMATION AND DATA ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AMERICA’S CUP TEAM PAGES IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND NO REPRESENTATION OR GUARANTEE (INCLUDING LIABILITY TOWARDS THIRD PARTIES), EXPRESSED OR IMPLIED, IS MADE AS TO ITS ACCURACY, RELIABILITY OR COMPLETENESS. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF EXTERNAL INTERNET WEBSITES OR ANY AMERICA’S CUP TEAM PAGES THAT LINK TO THE WEBSITE OR WHICH ARE LINKED FROM IT.
15.2 YOUR USE OF THE WEBSITE, AND ANY FEEDS FROM IT OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, IS AT YOUR OWN DISCRETION AND SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WITH WHICH YOU ACCESS THE WEBSITE AS WELL AS FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR ANY FUNCTIONS, SERVICES AND FACILITIES CONTAINED OR PROVIDED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, BUGS, SPYWARE OR SIMILAR FLAWS.
15.3 THE WEBSITE, AND ANY FEEDS FROM IT, INCLUDING, WITHOUT LIMITATION, THE AMERICA’S CUP TEAM PAGES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED TERM OF ACCURACY, COMPATIBILITY, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY TERM AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS. CERTAIN CONTENT PURCHASED OR ORDERED FROM US ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.
15.4 IN NO EVENT SHALL WE BE IN ANY WAY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, CONNECTIVITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER ARISING IN ANY WAY OUT OF, FROM, OR IN CONNECTION WITH, THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, DATA OR CONTENT CONTAINED ON OR OBTAINED FROM THE WEBSITE, OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE AMERICA’S CUP TEAM PAGES, WHETHER ARISING IN AN ACTION IN CONTRACT, NEGLIGENCE, OTHER TORT ACTION, OR ON ANY THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGOTIATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
15.6 NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FRAUD OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Force Majeure
We will not be liable in any amount for failure to perform if such failure is beyond our reasonable control including, without limitation, outages of the Internet or connections thereto, communications outages, labor shortage, earthquake, fire, flood, war, or act of God, or any acts of governmental bodies or authorities.
20.2 No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, and attorneys’ fees and expenses.
21. Governing Law and Jurisdiction
The Website (excluding linked sites) is controlled by us from our offices within the State of California in the United States of America. By accessing the Website, you agree that the statutes and laws of the State of California without regard to the conflicts of laws principles thereof shall govern all matters relating to your access to, or use of, the Website and any content or services. You also irrevocably agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the city and county of San Francisco, California with respect to such matters. You consent to extraterritorial service of process. We make no representation that any content, products or service available on the Website are appropriate or available for use in other locations, and accessing them from jurisdictions where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with all local laws.
23. Entire Agreement
24. Contacting Us
You can contact us by emailing us at email@example.com or by writing to us at the following address:
America’s Cup Event Authority LLC
Pier 23, Suite 100
San Francisco, California 94111
© Copyright 2011 – America’s Cup Event Authority LLC. All rights reserved.