Welcome to Dangerous Sports. By using Dangerous Sports’s products and services, you are agreeing to all the terms below.
Terms and Conditions
Welcome to the website of Dangerous Sports. By using Dangerous Sports’ products and services, you are agreeing to all the terms below.
Please feel free to contact us through our support team (the “Support Team”) via telephone: 0800 030 6885; or email: firstname.lastname@example.org.
1. Use of the Services and Your Account
(a) Who can use the Dangerous Sports Services
You must be at least eighteen (18) years of age to purchase products from the DS Store (accessible via the following url: https://www.dangeroussports.com/store) (“Dangerous Sports Shopping”), unless otherwise agreed between you and Dangerous Sports in advance. No individual under these age limits may use the Services, provide any Personal Data to Dangerous Sports, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address). Please note, that that our Returns Policy (accessible via the following link: https://www.dangeroussports.com/information/returns-policy), is included into these Terms by reference and are part of these Terms, and applies to your Dangerous Sports Shopping.
(b) The Competition Terms The Competition Terms (which are accessible via the following link: https://www.dangeroussports.com/information/submit-and-win), which are incorporated into these Terms by reference and are part of these Terms, govern your taking part in any Yearly Dangerous Sports Award; and Dangerous Sports Award, in addition to the remaining provisions of these terms, as applicable.
(c) Your Account
You may need to register for a Dangerous Sports account in order to access or use certain Services; and your account may automatically provide you access and means to use new Services that we create (“Account”).
When you create an Account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.
If you create an Account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and you must notify our Support Team right away of any suspected loss, theft, or unauthorized use of your Account or Account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
If you forget your password and have an existing Dangerous Sports account, click on the “Sign In” or “Log In” link at the top of the page. You will be taken to the Sign In page, where you can select “Forgot Password” to create a new password.
(d) Service Updates, Changes and Limitations
The Services change frequently, and their form and functionality may change without prior notice to you. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
We may also from time to time, as we see fit, develop and provide updates for certain Services. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your device, as well as updates to wearables and other connected products. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.
(e) Service Monitoring and Suspension
We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. We may also deactivate, terminate or suspend your account at any time: (1) if we, in our sole discretion, determine that you are or have been in violation of these Terms or the spirit thereof (as highlighted in our
Community Guidelines); (2) if we, in our sole discretion, determine that you have created risk or possible legal exposure for Dangerous Sports or any other user of the Website or person taking part in your Video; (3) in response to requests by law enforcement or other government agencies; (4) upon discontinuance or material modification of any Services; and (5) due to unexpected technical issues or problems. We will use reasonable endeavours to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension.
We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services.
While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach or unauthorized access or use of your Account.
(g) Consent to Receive Communications
After signing up for an Account, you may receive periodic email communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services.
(a) Your Privacy
3. Ownership and Use of Content
For purposes of these Terms, (i) the term “Content” means any creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications, replies, “likes,” comments, information, data, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, training plans, sleep activity, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) the term “User-Generated Content” means any Content that you submit, transfer, or otherwise provide to or through the use of the Services. Content includes, without limitation, all User-Generated Content and DANGEROUS SPORTS
Content; and (iii) the term “DANGEROUS SPORTS Content” means all Content that is not User-Generated Content.
You own the Content that you create, and we own the Content that we create. Please don’t post other people’s work without permission.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services and DANGEROUS SPORTS Content belong to Dangerous Sports and/or its partners or applicable third parties. You retain ownership, responsibility for, and/or other applicable rights in the User-Generated Content that you create, subject to the remaining provisions contained herein, including without limitation your grant to Dangerous Sport of a license to any and all User-Generated Content, as further detailed in sub-clause d) below. Except as expressly provided in the Terms, nothing in the Terms grants you a right or license to use any DANGEROUS SPORTS Content, including any content owned or controlled by any of our partners or other third parties. You agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant Dangerous Sports a license (described further in part (d) below) for all User-Generated Content you submit in connection with the Services.
(c) Our License to You
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), and the DANGEROUS SPORTS Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and DANGEROUS SPORTS Content, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the DANGEROUS SPORTS Content or Services to anyone else. This license is subject to the Terms, including our Community Guidelines and the following:
· DANGEROUS SPORTS Content. Except as expressly permitted by applicable law or authorized by Dangerous Sports, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any DANGEROUS SPORTS Content offered as part of the Services (other than User-Generated Content), in whole or in part. Please do not download, copy, or save DANGEROUS SPORTS Content, except (i) as expressly permitted by the functionality of certain Services (e.g., printed maps) as provided for in the specific guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your records.
· Commercial Usage of the Services. The Services, with the exception of certain products and services provided though the Dangerous Sports-branded websites and certain widgets that we make available as tools for website owners (collectively, the “Commercial Tools”), are intended only for your personal, non-commercial use. You may not use the Services (other than certain Commercial Tools) to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons, such as advertising sales, or otherwise undertake any endeavour aimed at
deriving revenue. For example, you may not take the results from a search of the Services and reformat and display them, or mirror our home pages or results pages on your website. Moreover, you may not “meta-search” our Services. If you seek to make commercial use of the Services other than through the Commercial Tools, you must enter into an agreement with us to do so in advance. By using any of the Commercial Tools, you acknowledge and agree to the Terms and any additional terms and conditions applicable to those select Services.
· Linking to the Services. If you would like to link to our Services on your website or application, please follow these rules: (i) any link to the Services must be a text only link clearly marked “Dangerous Sports” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by Dangerous Sports) or in some other format directed by Dangerous Sports, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks, (iii) the link must “point” to the root domain name of the Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Dangerous Sports, (v) when selected, the link must display the Service on full-screen and not within a “frame” on the linking website or service, and (vi) Dangerous Sports reserves the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link from your website or application.
· Confusion or Impersonation. Do not impersonate any person or entity, and/or falsely claim an affiliation with any person or entity.
· Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources.
· Automated Querying. Do not send Automated Queries of any sort to the systems and networks Dangerous Sports uses to provide the Services without Dangerous Sports’ express written permission. “Automated Queries” includes but is not limited to:
o using any software that sends automated queries to the systems and networks Dangerous Sports uses to provide the Services that seek bulk data, or determine how many saved routes or users of the Website we have for various queries;
o “meta-searching” the Services and the systems and networks we use to provide the Services; and
o performing “offline” searches relative to the Services.
· Unlawful Uses. You may only use the Content and Services for legally permitted purposes. You may not use the Services or any Content or other information displayed on or made available by the Services to stalk, harass, abuse, defame, threaten, or defraud others.
(d) Your License to Us
When you provide User-Generated Content to Dangerous Sports through the Services, you grant Dangerous Sports a non-exclusive, irrevocable, royalty-free, freely transferable, sub licensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create
derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) Dangerous Sports has no obligation to provide you with any credit when using your User-Generated Content, but if Dangerous Sports chooses to provide you with credit, the size and placement of the credit is at Dangerous Sports’ sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
The rights you grant in this license are for the limited purposes of allowing Dangerous Sports to operate the Services in accordance with their functionality, improve the Services, develop new Services, and to allow other community members to use the Services in accordance with their intended function. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with the privacy settings you establish within our Services.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content that we believe violates these Terms, the Community Guidelines, and/or our policies.
(e) Content Retention
(f) User-Generated Content and Eligibility to Participate in Certain Sports Organizations
Certain sports organizations have rules on amateurism and eligibility that could potentially be implicated if you post User-Generated Content within the Services, even User-Generated Content that you believe is non-commercial in nature. It is your responsibility to determine whether posting User-Generated Content within the Services will affect your eligibility to participate in any sport under any applicable rules of any sports organization.
(g) Your Feedback
We appreciate your feedback and can freely use your suggestions to make Dangerous Sports and athletes around the world better. Thank you and keep the ideas coming!
We are always interested in learning about ways we can make Dangerous Sports awesome. If you choose to submit comments, ideas or feedback, you should submit the idea through our email email@example.com, and you agree that we are free to use the ideas you submit without any restriction or compensation to you. By accepting your submission, Dangerous
Sports does not waive any rights to use similar or related feedback previously known to Dangerous Sports, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the Services is not confidential or proprietary information.
We love your support and imitation is flattering, but please respect our trademarks and brands and do not imitate the Dangerous Sports brand.
Dangerous Sports owns or licenses all Dangerous Sports trademarks, service marks, branding, logos, and other similar assets (the “DANGEROUS SPORTS Trademarks”). Being a user of the Website you are an athlete which is a badge of honor, and we encourage you to proudly wear our gear and display the DANGEROUS SPORTS Trademarks for personal use. However, please do not copy, imitate, modify, display or otherwise use the DANGEROUS SPORTS Trademarks (in whole or in part) for purposes other than personal use or in connection with any website or mobile product or service that is not authorized by Dangerous Sports, without our prior written approval.
(i) Accuracy and Reliance on Content
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
4. Community Guidelines
(b) Community Guidelines
Our forums are for all athletes. To help everyone feel safe and to maintain that positive environment, we require you to agree to, and follow, these rules (the “Community Guidelines”) when posting User-Generated Content and using the Services. By using the Services you agree that your User-Generated Content and use of areas of the Website where you can interact with other persons, will not violate the Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.
· No Discriminatory or Abusive Content, or Personal Attacks or Insults.
o Stay positive – don’t spread hate messages, and don’t post Content that is threatening, hurtful, harassing, embarrassing, or annoying to other members of the community.
o No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any group or community.
o You can respectfully disagree with a message, post or topic, but please do not attack other users of the Website by mocking or insulting them. If you are attacked by another user of the Website, and you reciprocate, you may also be subject to the same consequences.
· No Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, please stay on-topic in an existing thread, and post new threads in the appropriate
forum. Taking a thread off-topic is considered hijacking. Please either contribute politely and constructively to a topic, or move on without posting. This includes posts that encourage the drama in a topic to escalate, or posts intended to incite an uproar from the community.
· No Explicit Content. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or promoting sexually explicit material.
· No Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).
· No Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.
· No Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).
· No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the areas of the Website you can interact with other persons.
· No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other user of the Website, moderator or administrator.
· No Breach of Legal Duty. Don’t post Content that is in breach of any contractual or other legal duty owed to a third party.
· No Deceptive or Fraudulent Links. Don't post deceptive or fraudulent links. This includes giving links misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.
· No Intellectual Property Infringement. Respect the intellectual property of others. If you aren’t allowed to use someone else's proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don’t post it. In particular, if you have any reason to believe that User-Generated Content you see on our Services is infringing your copyrights or the copyrights of others, please see the Copyright/DMCA section of our Terms.
· No Impersonating Dangerous Sports or Others. Don’t post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with Dangerous Sports. Creating an account for the purposes of deceiving other athletes or to work around a Services suspension is not permitted and will be grounds for a permanent ban from the Services.
· Other. Don’t post Content that contains anything that, in Dangerous Sports’ sole determination, is objectionable or inhibits any other person from using or enjoying the Services, or that may expose Dangerous Sports or our users of the Website to any harm or liability of any kind.
If we determine that you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.
(c) Objectionable User-Generated Content
While we require all of our users of the Website to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee they will comply with the Community Guidelines or these Terms. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect that someone is misusing your User-Generated Content, please report it to the Support Team. By consenting to the Terms, you understand and acknowledge that when you access or otherwise use the Services:
· You may be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
· You may be exposed to Content shared by other athletes that is offensive, indecent, or otherwise objectionable.
We cannot be held responsible for any injury or harm to you resulting from objectionable Content or the failure of another user of the Website to comply with our Community Guidelines.
5. Copyright/ DMCA
We respect copyright laws. If anything is wrong, please send an email with all the details to firstname.lastname@example.org.
If you believe that any Content infringes copyright under any law, please notify our Support Team (which also is results in contacting our copyright agent) immediately using the contact information provided herein. It is our policy to investigate any allegations of copyright infringement brought to our attention. Please provide us with the following information in your notice of a suspected copyright violation:
· Identification of the work or material being infringed.
· Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
· Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
· A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
· A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
· A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Your notice must be signed (physically or electronically) and must be e-mailed to email@example.com
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. The information provided in a notice of copyright infringement may be forwarded to the user of the Website who posted the allegedly infringing Content. In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please see www.copyright.gov or www.chillingeffects.org/copyright for more information about how to prepare or respond to a DMCA notice.
6. Third-Party Content
Our Services may contain links to third-party websites, content, advertisers, services, promotions, special offers, or other events or activities (“Third-Party Content”) that are not owned or controlled by us. We do not endorse or assume any responsibility for Third-Party Content. If you access or pay for Third-Party Content, you do so at your own risk and you agree that we have no associated liability.
7. Third Party Products
Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of the Services may require you to purchase Third-Party Products. While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
(a) App Stores
If you download the Services from a third-party app store (the “App Provider”), you acknowledge and agree that:
· The Terms are an agreement between you and Dangerous Sports, and not with the App Provider. As between Dangerous Sports and the App Provider, Dangerous Sports is solely responsible for the Services;
· The App Provider has no obligation to provide any maintenance and support services with respect to the Services;
· In the event of any failure of the Services to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the Services to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Services, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Dangerous Sports and the App Provider;
· The App Provider is not responsible for addressing any claims you have relating to the Services or your possession and use of the applications;
· If a third-party claims that an application infringes another party’s intellectual property rights, as between the App Provider and Dangerous Sports, Dangerous Sports will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
· The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the Services. Upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Services against you as a third-party beneficiary thereof; and
· You must also comply with all applicable third-party terms of service when using the Services.
(b) Discount, Coupon or Gift Codes
If you have received a discount, coupon or gift codes, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable Service and enter the applicable code in the purchasing process to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to premium services, and they can only be applied to accounts that are not already subscribing to premiums services. This may include paying for goods/services listed in adverts, should the customer wish. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon. Discount, coupon and gift codes cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the premium service before the end of a free or discounted period if you do not want to continue with a premium service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted premium service, coupon validity dates, and/or purchase quantities. Dangerous Sports reserves the right to cancel discounts and coupon promotions at any time.
9. Shopping and E-Commerce
If you buy things through Dangerous Sports Shopping, we require you to provide payment and delivery information in order to complete your purchase. Additional e-commerce terms and conditions may apply to Dangerous Sports Shopping. We also aim to provide information about our refund, exchange, re-stocking, taxes, shipping, and related policies at or near the point of purchase. If you have questions related to Dangerous Sports Shopping, please contact our Support Team. Please review these policies prior to making purchases through Dangerous Sports Shopping, including without limitation our Return Policy, accessible via following url: https://www.dangeroussports.com/information/returns-policy.
10. Submissions of Videos for Competitions
(a) Safety First
Dangerous Sports cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before undertaking any extreme sports which is in connection with any physical activity. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.
In addition to the foregoing, and without prejudice to the remaining provisions contained herein, you warrant that you will not take part in an activity, nor post, and we explicitly disallow the posting of, User-Generated Content in which you take part in an activity, for
which you do not have the necessary skill and age to practice the activity officially in your jurisdiction.
You expressly agree that your activities or those of a third-party, which generate the User-Generated Content you post or seek to post on or via the Services (including without limitation, running, walking, cycling, hiking) carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction of Dangerous Sports or by the action, inaction, or negligence of others, except to the extent not allowable under any applicable law.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities that you access or learn about through our Services (e.g., a third-party activity such as a yoga class), even if caused in whole or part by the action or inaction of Dangerous Sports or by the action, inaction or negligence of others. To the maximum extent permitted by applicable law, you also expressly agree that we do not assume responsibility for any third-party activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.
11. Modifications to the Terms and Product-Specific Terms
(a) Updates to these Terms
Dangerous Sports reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the Dangerous Sports websites or in our applications). Modifications will not apply retroactively unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your use of the Services following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
(b) Product-Specific Terms
12. No Warranties
Except where prohibited by law, Dangerous Sports expressly disclaims all warranties, representations and guarantees of any kind, whether oral or written, express,
implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under the law. The Services and all content are provided on an “as is” and “as available” with all faults basis. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users of the Website providing that Content. No advice or information, whether oral or written, obtained from other users of the Website or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
13. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Dangerous Sports, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the Website, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Dangerous Sports has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Dangerous Sports, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand pounds (uk £1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of an your Personal Data and/or location data, (c) any other interactions with us or any other user of the Website, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
If you are a resident of the United States or any country other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify and hold Dangerous Sports, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your activities in connection with the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, third-party activities or other events that we may sponsor, organize, participate in, or where the Services are employed), (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any Personal Data or location data of a user of the Website, (g) any violation of the rights of any other person or entity by you, or (h) your use of the Services to meet another user of the Website in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree to indemnify and hold Dangerous Sports, its subsidiaries, suppliers and other partners harmless from any claim or demand as result of your negligent or intentional behaviour, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access through the Services; (b) your violation of these Terms, (c) your use or misuse of the Personal Data or location data, (d) any violation of the rights of any other person or entity by you, or (e) your use of the Services to meet another user of the Website in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defence of these claims.
15. Governing Law
If you are a resident of the United States or any non-European Union country: These Terms shall be governed by and construed in accordance with the laws of the State of
Maryland and controlling U.S. federal law as applicable, without regard to its conflict of law principles.
If you are a resident of the European Union: These Terms shall be governed by and construed in accordance with Dutch law, without regard to its conflict of law principles.
16. Disputes and Arbitration, Jurisdiction and Venue
To the maximum extent permitted by applicable law, you and Dangerous Sports agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If you are a resident of the European Union: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Dangerous Sports cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms, we do not participate in any ADR scheme.
In addition, nothing in these Terms limits your rights to bring an action against Dangerous Sports in the local courts of your place of domicile. All disputes arising under the Terms between you and Dangerous Sports will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in the Netherlands, and you and we hereby submit to the personal jurisdiction and venue of these courts.
If you are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Dangerous Sports cannot resolve, you have the right to submit a complaint to the local Consumer Disputes Board (www.kuluttajariita.fi) or other corresponding body.
If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits your rights to bring an action against Dangerous Sports in the local courts of your place of domicile.
17. International Terms
We provide our Services for customers globally, however, our servers and operations are located primarily in the United Kingdom, and our policies and procedures are based primarily on United Kingdom law. Because of this, the following provisions apply specifically to users of the Website located outside of the United Kingdom: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United Kingdom and/or other countries; (ii) if you are using the Services from a country embargoed by the United Kingdom, or are on the United Kingdom's list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The
Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Dangerous Sports or its affiliates to any registration requirement within such jurisdiction or country.
If you are a resident of the European Union, Hong Kong, Russia, New Zealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.
If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.
If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.
If you are a resident of Turkey: · For Turkish users shopping on http://www.dangeroussports.com, only those terms and conditions agreed to by such users that are valid under Turkish law will apply.
· In the case of a conflict or inconsistency between the terms and conditions of Appendix A: DANGEROUS SPORTS Shopping and the terms and conditions of the Transaction Guide, the Distance Agreement, or the Pre-Information Form, the terms and conditions of the Transaction Guide, the Distance Agreement, or the Pre-Information Form (as the case may be) will supersede and prevail over the conflicting or inconsistent terms and conditions in Appendix A: DANGEROUS SPORTS Shopping.
· We will send you an order acknowledgment that details the products that you have ordered after you have completed your purchase.
· You may maintain a different billing address on file for the credit card issuing bank than the billing address you enter when you place an order on on http://www.dangeroussports.com.
· If we cannot ship a product to your location, we will inform you by email that shipment to your location is not possible.
· Per the Distance Agreement, the delivery of your products will be made within thirty (30) days.
· Per the Transaction Guide, Distance Agreement and Pre-Information Form, you have fourteen (14) days to cancel a Distance Agreement and avoid any penalty.
We will not change the change the goods advertised or offered for sale, the prices or specifications of any such goods and any promotional offers in connection with any already completed purchases and/or in process transactions on http://www.dangeroussports.com.
If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties hereto nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfil our duties and obligations under these Terms and in connection with the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
20. Contact Us
If you have any feedback, questions or comments about the Services, please contact our Support Team by email at firstname.lastname@example.org