WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME. you are responsible for CHECKING IT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF the website AFTER WE’VE MADE CHANGES WILL MEAN THAT YOU AGREE TO THE CHANGES.
To receive a copy of this agreement, Contact our Customer Support team here.
3. Sorry Kids.
This site is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13. If we receive actual knowledge that we have collected personal information from a child under 13, we will delete that information as quickly as is reasonably possible.
4. Site Features.
- (a) General Information. Our site is primarily meant to provide you with information about Tough Mudder events and about our company. While we try to keep our site up-to-date and accurate, we take no responsibility for any incorrect information on the site.
- (b) Your Submissions. Our website may also include: surveys to help us learn about you or your interest in volunteering at an event, hosting an event, or being part of a news story about an event; newsletter sign-up; and a poster request form. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email you: 1) give us permission to use them for any legitimate purpose and 2) represent and warrant that you have the right to permit us to use them for such purpose. For example, if you fill out our Media Profile survey and email us your photo, we will understand that we have your permission to among other things: shop your story and photo to any media outlets we choose, put them in touch with you and give them permission to use your photo and story.
- (d) Other Third Party Sites. In addition to RaceIt.com, our website may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for, the content, products, services, policies, or practices of any third-party websites.
- (a) Ours. Unless otherwise specified, intellectual property rights in and to the material on our site is owned by Tough Mudder LLC, parent company of Tough Mudder (Pty) Limited. No material from our site may be copied, republished, uploaded, posted, transmitted, or distributed, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose is a violation of our copyright and other proprietary rights.
- (b) Yours. You retain ownership rights in anything you submit to us through our website or on email. However, when you submit something to us (e.g. information, photos or other materials), you grant us a perpetual, worldwide right to modify, reproduce, distribute, publicly display and perform what you have submitted, including your name and likeness, and allow others to do the same for any legitimate purpose, including commercial purposes. You agree that you will receive any compensation for or not make any claim in connection with our exercise of the permissions you have granted us, including a claim based on invasion of privacy, publicity, idea misappropriation or other civil rights or defamation.
6. Australia Only.
Our website is intended for use in Australia. If you use the website from outside of Australia, you consent to having your personal data transferred to and processed in Australia.
7. Restrictions on Use.
We give you permission to use our website so long as you do not:
- use the materials on the site for any commercial purpose;
- use the website for any illegal purpose;
- attempt to gain unauthorized access to any other user’s computer systems or networks associated with the website;
- modify or attempt to modify or in any way tamper with website;
- use the website or any of the materials on it in a way that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, right of privacy or right of publicity; or
- interfere with or disrupt networks connected to the website or violate the regulations, policies or procedures of such networks.
We reserve the right to suspend or terminate your access to the website if at anytime we suspect your use may be unlawful, violate the rights of third parties or any of the terms of this agreement.
If anyone brings a claim against us related to your actions or use of the website or any materials you have submitted to us through the website or email, you agree to defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You acknowledge and agree that the disclaimers and limits on liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and us and are an essential basis of the bargain between us.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE; OR (G) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE.
11. Limitation of Liability.
This document makes up the entire agreement between us regarding the website and supersedes any prior agreements. If any part of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this agreement, it will not be considered a waiver. This agreement does not confer any third party beneficiary right and is fully transferable and assignable solely by us, our transferees and assigns. Any terms of this agreement that were, by their nature, intended to survive termination of the agreement will survive. This agreement shall be interpreted in accordance with the laws of New York without reference to its choice of law rules. The exclusive jurisdiction and venue for any action under this agreement shall be in the state and federal courts in the county and state of New York. You agree to accept the personal jurisdiction of such courts. In the event of any conflict between these terms and the terms in Tough Mudder (Pty) Limited’s Participant Waiver, the terms of the Participant Waiver will prevail.
TOUGH MUDDER is a trademark of Tough Mudder LLC, the parent company of Tough Mudder (Pty) Limited. Our trademarks may not be used in connection with any product or service that is not Tough Mudder LLC’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Tough Mudder LLC or Tough Mudder (Pty) Limited.
Last updated: 2 September, 2011