____ January 2016
This website www.sparxhockey.com (the "Site") is owned and operated by Velasa Sports, Inc. ("Velasa Sports" or "Sparx Hockey"). As used herein, the terms "we", "us" and "our" refer to Velasa Sports. Velasa Sports offers this Site, including all information, tools, functions, features and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein without modification.
Any new services, features or tools which are added to the Site or other aspect of the Service shall also be subject to the Terms of Service.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. NAVIGATING WITHIN THE SITE, ORDERING PRODUCTS OR OTHERWISE ACCESSING OR USING ANY ASPECTY OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF SERVICE, WITHOUT MODIFICATION.
SECTION 1 - ELIGIBILITY
The Service is intended by Velasa Sports to be made available only to individuals who are at least 18 years old, or who are at least 13 years old and who have the express permission of their parent or guardian. If you do not qualify, then you are prohibited from accessing, using and registering for the Service. Velasa Sports will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, Velasa Sports will take steps to remove such information and terminate that individual’s account, access and use of the Service.
You may not use our Service, or any of the products and services that are offered for sale at the Site (collectively, "Products") for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to provide the Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without our express written permission. The headings used herein are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site or in other aspects of the Service is not accurate, complete or current. The material on this Site and in other aspects of the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material available from the Service is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice. We reserve the right at any time to modify, suspend or discontinue the Service (or any part or content thereof) and the Products offered at the Site, in whole or in part, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or Products.
SECTION 5 - PRODUCTS AND SERVICES
Certain Products may be available exclusively online through the Site and may have limited quantities. Products may be returned or exchanged only according to our Return Policy, which is available at https://sparxhockey.com/pages/returns.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product that we offer. All descriptions of Products and Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to change or discontinue any Product at any time. Any offer for any Product made on this Site or otherwise through the Service is void where prohibited.
Products purchased through the store are governed by our Returns Policy (which is available at https://sparxhockey.com/pages/returns) and Warranty Policy (which is available at https://sparxhockey.com/pages/warranties).
You should carefully review the Important Product Safeguards that are set forth in Section 14 below.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be deemed included in the Service and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Third-party links made available through the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER GENERATED CONTENT
A. Responsibility for User Generated Content. Velasa Sports may offer users the opportunity to post, upload, or otherwise make available on or submit through the Service photos, text, drawings, files, images, sounds, videos, comments, ratings, reviews, messages, questions, suggestions, information, data, personally identifiable information, or other information or materials and the ideas contained therein (collectively "User Generated Content"). The Service may include a variety of features, such as discussion forums, blogs, photo and video sharing pages, e-mail services and social networking features that allow feedback to us and that allow users to interact with each other through the Service and post content and materials for display on the Site. The Service also may include other features, such as personalized home pages and e-mail services, which allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our Community Rules (described below); (ii) that you are the owner of any material you post or submit, or that you are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 18 years of age or older; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Service by you or by others using your account, username or password. You also grant us a license to use the materials you post or submit via such feature (as described below).
Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages at the Site, and other parts of the Service through which users can supply information or material, or sent via any e-mail services that are made available via the Service, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Service.
You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages at the Site, or other parts of the Service through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
B. User Feedback and Submissions. Velasa Sports welcomes your feedback, but if you send us or post or otherwise in any manner provide: any feedback, messages, comments or tags; your creative or original concepts or ideas; or any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (collectively, "Submissions"); then you represent and warrant to Velasa Sports that you either own the Submission or have the right to grant Velasa Sports the license described below. Velasa Sports does not claim to own such Submission, only the rights you have licensed to us.
You agree that in making a Submission, Velasa Sports shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to Velasa Sports, and that Velasa Sports alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission through the Service, you: (a) agree not to make any Submission that violates in any way the Terms of Service; (b) automatically grant Velasa Sports a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submission, and exercise all copyright, publicity and other intellectual property and proprietary rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission.
C. Community Rules. The Service may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features that allow us to receive feedback and allow users to interact with each other and post content and materials for display through the Service. The Service also may include other features, such as personalized home pages and e-mail services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree that you will not:
- Restrict or inhibit any other user from using and enjoying the Service;
- Use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt any servers or networks used to provide the Service or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Service;
- Use the Service to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- Gain unauthorized access to the Service, or any account, computer system, or network connected to the Service, by means such as hacking, password mining or other illicit means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
- Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other intellectual property or proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
D. Availability of Service and Content. Velasa Sports may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them) and other aspects of the Service for any reason, in Velasa Sports' sole discretion, and without advance notice or liability.
E. Our Right to Use User Generated Content. When you submit, post or otherwise provide any User Generated Content, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, transferable, assignable, sublicenseable, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User Generated Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any intellectual property or proprietary rights in such User Generated Content, including, but not limited to, rights under copyright, trademark, trade secret or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your User Generated Content by name, e-mail address or screen name, as we deem appropriate. Velasa Sports has no obligation of any kind with respect to such User Generated Content and is free to reproduce, modify, use, disclose and distribute any portion of the User Generated Content, including any ideas or information contained in the User Generated Content for any purpose whatsoever. You understand that the technical processing and transmission of the Site, including content submitted by you including the User Generated Content, may involve transmissions over various networks, and may involve changes to conform and adapt the User Generated Content to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you including, without limitation, any User Generated Content.
SECTION 10 - UNSOLICITED IDEAS AND MATERIALS; NO CONFIDENTIAL RELATIONSHIP WITH VELASA SPORTS.
Velasa Sports employs individuals to develop new ideas. As a result, Velasa Sports does not wish to receive any unsolicited ideas or materials for new or improved products or services ("Unsolicited Ideas and Materials"). Do not send to Velasa Sports / Sparx Hockey (even within any of your User Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Service or any other means are and shall be deemed to be User Generated Content and freely licensed to us as described previously.
Your relationship with Velasa Sports is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you (such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary User Generated Content — regardless of whether you mark them "confidential", "proprietary", or the like. Velasa Sports will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing or for the loss or destruction of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to Velasa Sports does not place Velasa Sports in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.
Velasa Sports’ receipt of your Unsolicited Ideas and Materials is not an admission by Velasa Sports of their novelty, priority, or originality, and it does not impair Velasa Sports’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in other aspects of the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or in other aspects of the Service is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or in other aspects of the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or in other aspects of the Service, should be taken to indicate that all information on the Site or in other aspects of the Service has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Site, its content and other aspects of the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the intellectual property or proprietary rights of Velasa Sports or any third party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or other aspect of the Service, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or other aspect of the Service, other websites, or the Internet. We reserve the right to terminate your use of the Service (including the Site) for violating any of the prohibited uses.
SECTION 14 – IMPORTANT PRODUCT SAFEGUARDS
Any purchase of the Sparx™ Skate Sharpener or other Sparx™ Product is conditioned upon your compliance with the following important safety requirements:
- Before operating any Sparx™ Product you should familiarize yourself with the Product and read and understand all applicable instructions and warnings, which are made available at the Site and in documentation delivered with the Product.
- To avoid injury, always use caution when using the Sparx™ Products, including when changing the Grinding Ring.
- To avoid the risk of electrocution, do not use any Sparx™ Product in wet or damp conditions.
- Always wear gloves and use eye and ear protection when the Sparx™ Product is running.
- Do not leave any Sparx™ Product running and unattended.
- We do not recommend that children less than 13 years old be permitted to use the Sparx™ Skate Sharpener. Anyone who is less than 18 should be supervised by a qualified adult when using the Skate Sharpener.
SECTION 15 - LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
Products that you order and receive from Velasa Sports are covered by the Warranty Policy (which is available at https://sparxhockey.com/pages/warranties).
We do not guarantee, represent or warrant that your use of the Site or other aspect of the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may suspend the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. EXCEPT AND ONLY TO THE EXTENT EXPRESSLY SPECIFIED FOR PRODUCTS IN THE WARRANTY POLICY, THE SITE, CONTENT AND OTHER ASPECTS OF THE SERVICE AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, INTEGRATION, ACCURACY, TIMELINESS, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SECTION 16 - LIMITATION OF LIABILITY
IN NO EVENT SHALL VELASA SPORTS (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR CONTRACTORS) BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OR LIABILITY RELATED TO ANY PRODUCT OR THE SITE, CONTENT OR OTHER ASPECT OF THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS YOU PAID TO VELASA SPORTS FOR THE PRODUCT OR SERVICE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VELASA SPORTS (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR CONTRACTORS) BE LIABLE FOR ANY LOSS OR DAMAGE TO ANY ICE SKATES WITH RESPECT TO WHICH ANY SPARX™ PRODUCT WAS USED, OR FOR ANY OTHER INJURY, LOSS, DAMAGE OR LIABILITY, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), THAT RESULTS FROM OR ARISES OUT OF THE USE OF ANY SPARX™ PRODUCT THAT WAS (E) USED, HANDLED, OPERATED, MAINTAINED OR STORED IMPROPERLY, OR IN ANY MANNER NOT IN ACCORD WITH VELASA SPORTS' DOCUMENTATION, INSTRUCTIONS OR RECOMMENDATIONS, (F) REPAIRED, ALTERED OR MODIFIED BY ANYONE OTHER THAN VELASA SPORTS OR ITS AUTHORIZED AGENTS, (G) USED WITH PARTS OR ACCESSORIES NOT SUPPLIED BY VELASA SPORTS OR (H) USED FOR RENTAL OR OTHER COMMERCIAL PURPOSES.
THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS IN THESE TERMS OF SERVICE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND, ACCORDINGLY, CERTAIN OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Velasa Sports, Inc., and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any action, suit, claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any law, regulation or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until your use of the Site and other aspects of the Service is terminated by either you or us. You may terminate at any time by notifying us in writing and ceasing all use of the Service.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate your access and use of the Service (or any part thereof) at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
SECTION 20 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service (including all Policies) constitutes the entire agreement and understanding between you and us and exclusively govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sublicenseable by you except with our prior written consent. Velasa Sports may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms of Service will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail.
SECTION 21 - GOVERNING LAW; ARBITRATION
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Velasa Sports agree that any claim or cause of action arising out of or related to the Service must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
These Terms of Service and any separate agreements whereby we provide any part of the Service to you shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, excluding its conflicts of law rules. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service.
Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Service shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in Boston, Massachusetts, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Service. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Service and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.
Any arbitration under these Terms of Service will take place only on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND VELASA SPORTS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
SECTION 22 – INTERNATIONAL USE
You hereby expressly consent to the transmission, collection, storage, processing and use of all information and data provided by you (including personal information) within, from and to the United States, in addition to the country where you are located (if not the United States). Velasa Sports makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from places where doing so would be illegal. If you access or use the Service from other locations, then you do so at your own initiative and risk and are solely responsible for compliance with local laws.
SECTION 23 – PROPRIETARY RIGHTS
The Service (including the Site and underlying technology platforms), and all content, materials, data and other information created by or for Velasa Sports (or its affiliates or licensors) and made available via the Service (collectively, "Content"), are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Velasa Sports (and its applicable affiliates and licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Velasa Sports, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Service or Content. However, unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for your Authorized Use; provided, that you retain all copyright and other proprietary notices contained therein. Your systematic retrieval of data or other Content from the Service to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without our express prior written permission.
IMPORTANT: If you desire to access or use the Service or Content for any purpose other than as expressly authorized herein, then you must first secure permission from Velasa Sports or other owner of that Content.
Reproducing, copying or distributing any Content, or any design elements from the Site, for any other purpose is strictly prohibited without our express prior written permission. Attempting to access or use the Service or Content for any purpose not expressly permitted in the Terms of Service is prohibited.
SECTION 24 - COPYRIGHT AND TRADEMARK NOTICES
The Terms of Service, Site and all and Content provided by Velasa Sports are copyright © 2015-2016 Velasa Sports, Inc. and/or its licensors or suppliers.
VELASA SPORTS and SPARX are the trademarks of Velasa Sports or its licensors. The names and logos of companies, products or services mentioned at the Site or in other aspects of the Service may be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between Velasa Sports and such owners.
All rights not expressly granted herein are reserved.
SECTION 25 - PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT ("COPYRIGHT POLICY")
Velasa Sports has adopted the following policy toward copyright infringement with respect to the Service, in accordance with the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998)).
Velasa Sports will (1) disable access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any User; and (2) terminate the account and access to the Service of any repeat offender. This policy applies to all aspects of the Service provided by Velasa Sports via the Site.
Reporting Copyright Infringements.
If you believe that material or content residing or accessible on the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:
- 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 Velasa Sports is capable of finding and verifying its existence.
- Contact information about the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail 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.
- The Notifying Party's physical or electronic signature.
Responding to Complaints.
After notification of an alleged infringement is received by the Designated Agent:
- Velasa Sports will remove or disable access to the allegedly infringing material.
- Velasa Sports will then immediately notify the User responsible for the allegedly infringing material (the "Offending User") that it has removed or disabled access to the material.
- If the Offending User is a repeat offender, Velasa Sports will immediately terminate such User's account and access to the Service in addition to removing the infringing material.
Right to Dispute.
If the Offending User disputes the claim of infringement, the Offending User may send a counter-notice containing the following information to the Designated Agent:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
- A statement that the Offending User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.
- The Offending User's contact information, including name, address, telephone number and e-mail address.
- A statement that the Offending User consents to the jurisdiction of the Federal Court for the judicial district in which the Offending User's address is located, or if the Offending User's address is located outside the United States, for any judicial district in which Velasa Sports is located, and that the Offending User will accept service of process from the Notifying Party.
- The Offending User's physical or electronic signature.
If such counter-notice is received by the Designated Agent, Velasa Sports will send a copy of the counter-notice to the Notifying Party informing them that Velasa Sports may replace or restore access to the material in question. Unless the copyright owner thereafter files an action seeking a court order against the Offending User, and Velasa Sports has actual knowledge of such filing, then the material will be replaced or access to it restored in 10 to 14 business days after receipt of the Offending User's counter-notice.
Designated Agent to Receive Notification of Claimed Infringement.
Velasa Sports, Inc.
Attn: Administrative Department
30 Sudbury Road
Acton, MA 01720, USA
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service (including any Policy) by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or other aspects of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.