THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU (“YOU” OR “USER”) AND NOVUSPORT, INC., A DELAWARE CORPORATION (“NOVUSPORT,” “WE,” “US,” OR “THE COMPANY”), WHICH IS THE OWNER AND OPERATOR OF THE “NOVUSPORT” MOBILE APPLICATION (THE “APP”) AND THE ASSOCIATED WEBSITE (THE “SITE”). THESE TERMS AND CONDITIONS (THIS “AGREEMENT”) SHALL GOVERN YOUR USE OF THE APP AND SITE. BY DOWNLOADING THE APP, OR VIEWING THE CONTENT ON OR AVAILABLE THROUGH THE APP OR THE SITE, OR OTHERWISE USING ANY OF THE SERVICES PROVIDED BY US, YOU SIGNIFY THAT YOU AGREE TO THIS AGREEMENT.
1. USE OF SERVICES
a. Code of Honesty. “I pledge to perform my own ActivRs and to excel to the best of my abilities while upholding the rules set for each ActivR. I promise not to cheat or lie about distances, times or any unit of measurement required to earn points and achievements, nor will I help fellow athletes to violate the Novusport”.
b. Service. Subject to your compliance with the terms and conditions of this Agreement, the Company grants to you a non-exclusive, non-transferable, revocable right to access and use the App, the Site, or any other service offered by Novusport (the “Services”) upon registration. Access to certain areas of the App or the Site is restricted to registered users. You can register by visiting the Site and clicking on the “sign up” button, or by downloading the App and clicking the “sign up” button. During registration, you will provide an email address or username and create a password (“Credentials”). These are your Credentials for accessing the Service.
c. Application. Subject to the terms and conditions of this Agreement, the Company grants to you a non-exclusive, non-transferable, revocable license to install and use the App solely to use the Service on any iOS-based or other authorized mobile device that you own or control. You shall not modify, port, adapt or translate the App software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App software.
d. Eligibility. You agree to provide accurate and current information about yourself in all registration forms with Novusport. The App, the Site and the Services are intended solely for persons who are 13 years of age or older. Any access to or use of the Services by anyone under 13 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between the ages of 13 and 18, you must obtain your parent/guardian’s permission to register for the App or the Site and post User Content.
e. Physical Activity Notice. The Services include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Novusport is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Services.
f. Important Notice for Amateur Athletes. You are responsible for ensuring that your use of or participation in the activities of this App or the Site does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. Novusport is not responsible or liable for your use of the platform or the Services resulting in your ineligibility as an amateur athlete.
g. Access. You agree that Novusport may use your Credentials to authenticate you on the App or Site. You are responsible for all uses of the App or Site using your Credentials, including use by others to whom you have given your Credentials. You, not Novusport, shall be responsible for maintaining and protecting your Credentials and your User Content (defined as all videos, files, data, text, images, and any other information or materials uploaded by or on behalf of you to the App or the Site in connection with your use of the Service). If your contact information, or other information relating to your account changes, you must notify the Company promptly and keep your information current. You are solely responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Novusport of any unauthorized use of your account or if your email or password has been hacked or stolen. If you discover that someone is using your password or account without your consent, or you discover any other breach of security, you agree to notify Novusport immediately at firstname.lastname@example.org. We reserve the right to suspend or discontinue all or part of the Service at any time without prior notice.
h. Restrictions. You acknowledge that Novusport and its licensors exclusively own all right, title, and interest in the Services, the App, and the Site, any other Novusport software, and all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names related to the Services. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Services, the App or the Site and all rights not expressly granted are reserved by Novusport. You will not alter, remove, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
2. USER CONTENT
a. Content. All videos, data, text, images, messages or other materials, whether publically posted or privately transmitted to or via the App or the Site (“User Content”), is the sole responsibility of the User transmitting it. This means that the User, and not Novusport, is entirely responsible for all such User Content uploaded, posted, emailed, transmitted or otherwise made available by using the Services. We do not control or actively monitor User Content and, as such, do not guarantee the accuracy, integrity, or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are harmful, dangerous, offensive, indecent or objectionable. Under no circumstances will Novusport be liable in any way for any materials available on the App or the Site or for any loss or damage of any kind incurred as a result of your use of the Services.
b. Ownership of Content. By making available any User Content through the App or the Site, you hereby grant to Novusport a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Services.
c. Your Representations and Warranties Regarding User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. i. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the App or the Site or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in such User Content, as contemplated under this Agreement. ii. You represent and warrant that neither the User Content nor your accessing, uploading, posting, publishing, submission or transmittal of the User Content or the Company’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. iii. You agree not to upload, post, publish, submit, transmit or access User Content that (1) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (2) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (3) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (4) is harmful to minors; (5) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (6) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, false advertising, anti-defamation or privacy).
d. Sharing Content. The Service provides features that allow you to share User Content with others or to make it public. There are many things that users may do with that User Content (including copying it, modifying it, re-sharing it). We have no responsibility for such activity. You should consider carefully what you choose to share or make public. Information sent or received over the Internet is generally unsecure and Novusport cannot and does not make any representation or warranty concerning security of any communication to or from Novusport.
3. USE RESTRICTIONS
a. Prohibited Conduct. In connection with your access or use of the Services, you agree to comply with the following use restrictions. You agree not to misuse the Services. For example, you must not, and must not attempt to, use the App or the Site to do the following things: i. copy any User Content unless expressly permitted to do so herein; ii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the App or impersonate another person or organization; iii. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; iv. collect or store personal data about other users or viewers; v. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App or the Site; vi. register for the App or the Site on behalf of a group or corporate entity; vii. access, tamper with, or use non-public areas of the Site or App, shared areas of the Site or App you have not been invited to, or our (or our service providers’) computer systems; or viii. send unsolicited communications, promotions or advertisements, or spam; or send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”.
b. Content Monitoring. Novusport may review User Content for compliance with this Agreement but you acknowledge that Novusport has no obligation to monitor any information on the Site or the App. Novusport does not generally monitor user activity occurring in connection with the Service and while Novusport disclaims any responsibility to do so, it reserves the right to (i) screen, by mechanical means or otherwise, for objectionable information transmitted or shared by user on individualized portions of the App or the Site, (ii) monitor the User Content and, if considered objectionable in Novusport’s sole discretion, to remove User Content and/or remove any portion of the App or the Site personalized by you, from the App or the Site at any time without notice. If Novusport becomes aware of any possible violations by you of Section 2(c) (Your Representations and Warranties Regarding User Content), 3(a) (Prohibited Conduct), or any other provision of this Agreement, Novusport reserves the right to investigate such violations, and may, at its sole discretion, terminate your use of the Service or change, alter or remove User Content, in whole or in part, without prior notice to you.
4. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE APP, THE SITE AND THE SERVICES, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” THE COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM USING ANY SUCH MATERIAL.
5. LIMITATION OF LIABILITY
YOU SHALL INDEMNIFY AND HOLD THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS (INCLUDING USER CONTENT) SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES AND/OR ANY VIOLATION BY YOU OF THIS AGREEMENT.
7. THIRD PARTIES
a. Advertising. You acknowledge and agree that the App or the Site may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the App or the Site, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Novusport shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the App and the Site and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Services. It is your responsibility to ascertain whether any information or materials downloaded from the App or the Site are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
b. Links & Third-Party Websites or Applications. The App or the Site (including User Content) may contain links to other websites or applications that are not owned or controlled by Novusport. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Novusport of that third party, third party product or service. Novusport is also not responsible for the content of any linked website or application. Any third-party websites, applications or services accessed from the Services are subject to the terms and conditions of those websites, applications and/or services and you are responsible for determining those terms and conditions and complying with them. The presence on the App or the Site of a link to any other website or application does not imply that Novusport endorses or accepts any responsibility for the content or use of such websites or applications, and you hereby release Novusport from all liability and/or damages that may arise from your use of such website or application or receipt of services thereunder.
8. COPYRIGHT INFRINGEMENT
a. You will not use the Services to upload, communicate, offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrights works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
b. We respect the intellectual property rights of others and expects our Users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), the Company will respond expeditiously to claims of copyright infringement committed using our Services if such claims are reported to Novusport’s Designated Copyright Agent identified in the sample notice below.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Novusport App or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
? “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” ? “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Novusport’s Designated Copyright Agent:
P.O BOX 42381 Houston, TX 77242
b. Collection and Storage of Your Personal Information. By using the Services, you agree and acknowledge that personal information collected about you through the App or the Site or in any way in connection with the Services may be transferred across national boundaries for storage or process to any of the countries around the world. This includes the location or the universally unique identifier of any device, including a mobile iOS-based device, you use to access the App or the Site.
c. Communications from Novusport. Novusport may send to you service-related emails regarding the functionality or delivery of the Services.
a. Cause. Novusport may, under certain circumstances and without prior notice, immediately terminate your ability to access the Services or portions thereof via the App or the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of this Agreement, (ii) requests by law enforcement or other government agencies, (iii) a request by you, (iv) discontinuance or material modification to the Services (or any part thereof), (v) unexpected technical, security or legal issues or problems, and/or (vi) participation by you, directly or indirectly, in fraudulent or illegal activities.
b. Removal of Content. Termination of your access to the Services may also include removal of some or all of the materials uploaded by you to the App or the Site. You acknowledge and agree that all terminations may be made by Novusport in its sole discretion and that Novusport shall not be liable to you or any third-party for any termination of your access to the Services or for the removal of any User Content uploaded by you to the App or the Site. Upon any termination or suspension, any User Content or information that you have submitted to the App or the Site will no longer be accessible by you via the Services thereafter and Novusport shall continue to have a license to the User Content.
c. Survival. All provisions of this Agreement will survive any termination or suspension of this Agreement.
11. GOVERNING LAW
By accessing and using the Service, you and Novusport agree that all matters relating to this Agreement and your access to, or use of, the Service shall be governed by and construed in accordance with the substantive laws in force in the State of California without regard for its conflicts of law principles. All claims arising out of or relating to the terms of this Agreement or the Service or the App or Site must be litigated exclusively in the federal or state courts of Santa Clara County, California.