3. SORRY KIDS
This Website is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13, nor do we communicate with children under 13 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 13, we will delete that information as quickly as is reasonably possible and cease further communication with such individual.
4. SITE FEATURES
(a) General Information. Our Website is primarily meant to provide you with information about Tough Mudder events and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.
(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 expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials have the right to permit us to use them for any purpose. For example, if you fill out our Media Profile survey and email us your photo, we we have your permission to (among other things): shop your story and photo to any media outlets we choose, put such media outlet(s) in touch with you, and we have your permission to use your materials (including, without limitation, your photo and story and any other materials submitted) and grant others to use the foregoing materials.
(d) Other Third Party Sites. In addition to Eventbrite.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 website(s). By visiting those sites, you may be subject to the privacy policies and/or terms and conditions of use that may apply to such website(s).
You may not link the homepage or any other parts of this Website without prior written consent on us.
(a) Ours. Unless otherwise specified, all intellectual property rights in and to the logos, trademarks, copyrights, trade dress, trade names, designs, photos, videos, and other material (collectively, the “Tough Mudder Material”) on our Website is owned by Tough Mudder. You may not copy, modify, publish, distribute, perform, or display any materials from our Website in whole or part in a manner inconsistent with the Copyright Act (Clth) 1968, including, without limitation, any “fair dealing” provisions (Division 3). Use of our Tough Mudder Material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights.
(b) Yours. You retain ownership rights in anything you submit to us through our Website or email. However, when you submit materials to us (e.g. information, photos, videos or other materials), you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted, including, without, limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that you will not receive any compensation whatsoever for the aforementioned usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation, other violation of your civil rights, or defamation.
6. DMCA NOTICE
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately, you are required to provide our Copyright Agent, by providing our Copyright Agent at firstname.lastname@example.org with the following information in writing:
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorised by the owner of the copyright, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright;
7. RESTRICTIONS ON USE
- use the materials on the Website for any commercial purpose;
- use the Website or its content for any illegal purpose;
- attempt to gain unauthorised 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 any of its content in a way that may infringe upon the intellectual property other rights of any third party, including, without limitation, 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.
8. MEDICAL TREATMENT
The Website is provided for your convenience. You should not rely on information provided on this Website as a substitute for professional medical advice, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. Do not disregard, avoid or delay obtaining medical advice or seeking emergency care.
If anyone brings a claim against us related to your actions or use of the Website or any materials submitted by you through the Website, by email or otherwise, you agree to defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claim.
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 UNAUTHORISED 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; AND/OR (G) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE.
12. LIMITATION OF LIABILITY
TOUGH MUDDER® is a trademark of ours and of Tough Mudder LLC. Their trademarks may not be used in connection with any product or service that is not of either Tough Mudder or Tough Mudder LLC’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits either Tough Mudder or Tough Mudder LLC.
Last updated: August 15, 2015