Terms

Terms of Service

Last modified on 19/04/16
1. Introduction

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by The Sweat Experience, acceptance is expressly limited to these terms.

Welcome to The Sweat Experience ("The Sweat Experience ") consisting of the web site available at the URL http://www.sweatexp.com and all related services, software applications and networks that allow for the authorized distribution of athlete based content over the internet (the "The Sweat Experience").

IF YOU ARE OPENING AN ACCOUNT WITH OR USING THE SWEAT EXPERIENCE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A " SUBSCRIBING ORGANIZATION ") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF SERVICE; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS OF SERVICE, AND (IV) AGREE TO THESE TERMS OF SERVICE ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.

2. Our Audience

The Sweat Experience is intended for by individuals who are 13 years of age or older. We are aware that there are those under the age of 13, who are involved in sports so we will be enabling a parent or guardian to manage the activeID's of those individuals. Individuals under the age of 13, who does not have a parent or guardian to manage their activeID, will not be able to create their own profiles as an athlete, alternatively they can access the platform as a spectator. The platform is open for sport lovers to explore the platform as a spectator and track the athletes that they are interested in.
The Sweat Experience Service is also not available to any users previously suspended or removed from The Sweat Experience Service by The Sweat Experience.

3. Community Guidelines

The Sweat Experience is about embracing the experiences and the journeys of athletes. Our goal in creating these rules is to create a fun, exciting and inspiring environment that enables this to take place.
Sport is a universal language that benefits everyone. Please respect fellow athletes on The Sweat Experience. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of The Sweat Experience or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading. Please do not use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Term or use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Violating these rules may result in the removal of content, the suspension of your account and being prohibited from using The Sweat Experience in the future.

Please take these rules seriously and embrace them in the spirit in which they are intended. The rules will change and evolve along with The Sweat Experience community. We aim to continue to create tools that will enable all athletes to showcase themselves in innovative ways. We will do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think is best in each situation, at our own discretion.

4. Use of Data

By using The Sweat Experience site you agree to let The Sweat Experience collect information about your usage of the platform, as an athlete and as a spectator. For more information about how we collect information from you and The Sweat Experience’s privacy practices, please review our privacy policy.

5. License

The Sweat Experience Service is owned and operated by The Sweat Experience. Unless otherwise indicated, all Content and other materials on The Sweat Experience Services, including, without limitation, The Sweat Experience logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the " Materials ") are protected by United Kingdom copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). All Materials contained on the The Sweat Experience Service are the proprietary property of The Sweat Experience or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to The Sweat Experience or its affiliates and/or third-party licensors. The Sweat Experience reserves all rights not expressly granted in these Terms of Service.

Unless otherwise expressly stated in writing by The Sweat Experience, you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the The Sweat Experience Service for your personal or internal business use only.

This license is subject to these Terms of Service and does not include any of the following: (a) any resale or commercial use of The Sweat Experience Service or the Materials; (b) the distribution, public performance or public display of any Materials (except for Athlete Content by the posting of the Athlete's Content – this is all explained further below); (c) modifying or otherwise making any derivative uses of the The Sweat Experience Service or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the The Sweat Experience Service, the Materials or any information contained in them, except as expressly permitted on The Sweat Experience Service; or (f) any use of the The Sweat Experience Service or the Materials except for their intended purposes. Any use of the The Sweat Experience Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of The Sweat Experience is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. This license can be terminated.

6. Trademarks

The Sweat Experience, The Sweat Experience logos and any other product or service name contained in the The Sweat Experience Service are trademarks of The Sweat Experience and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Sweat Experience or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that The Sweat Experience may provide you from time to time.

You may not use any metatags or any other hidden text utilizing "The Sweat Experience" or any other name, trademark or product or service name of The Sweat Experience without our prior written permission. In addition, the look and feel of The Sweat Experience Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of The Sweat Experience and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the The Sweat Experience Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

7. Athletes

The Sweat Experience allows users ("Athlete") to showcase themselves via their user generated content on their activeID's.

1. License from The Sweat Experience

If you sign up for an account as an Athlete, subject to your compliance with these Terms of Service, The Sweat Experience hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use The Sweat Experience Service for the uploading and distributing of authorized digital content, including videos ("Athlete Content"). License to The Sweat Experience Unless otherwise agreed to in a written agreement between you and The Sweat Experience that was signed by an authorized representative of The Sweat Experience: By distributing or disseminating Athlete Content through The Sweat Experience Service, you hereby grant to The Sweat Experience a worldwide, nonexclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Athlete Content, in any form, format, media or media channels now known or later developed or discovered. You grant The Sweat Experience and our sublicensees the right to use the name that you submit in connection with that content, if we or they choose. Except for Athlete Content already downloaded by users, the foregoing license granted by you terminates regarding a specific piece of Athlete Content once you remove or delete that Athlete Content from The Sweat Experience Service.



2. License to The Sweat Experience

The Sweat Experience consist of interactive features and areas that allow users to create, post, transmit and/or store content within their activeID, from a variety of different sources including but not limited to wearable technology, videos, text, audio, photos, social media items or other materials (collectively, "User Content"). You understand that your User Content may be viewable by other athletes on the platform as well as spectators and brands. You agree to abide by our Community Guidelines, which may be updated from time to time.

3. Athlete Content Representations and Warranties

As a member of The Sweat Experience, you agree that you are solely responsible for how you showcase yourself as an athlete. The Sweat Experience is not responsible or liable for any content that you create. We reserve the right, and have absolute discretion, to review, screen and delete your content at any time and for any reason. You retain all ownership rights in your content. However, by bringing your journey as an athlete to The Sweat Experience, you hereby grant us a non-exclusive, worldwide, royalty-free, sub licensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such content.

8. Account Security

After opening an account, you accept all responsibility from any activity for that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardise the security of your account.

9. Changes to the services

We reserve the right to modify or discontinue, temporarily or permanently, the services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the services or any part thereof.

10. Third Party Content

In addition to the Athlete Content, The Sweat Experience may provide information to third parties on the The Sweat Experience Services and may provide links to Web pages and content of third parties (collectively the " Third-Party Content ") to help make the athlete's journey more credible. The Sweat Experience does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, nor we do not update or monitor it, therefore we are not responsible for any Third Party Content on The Sweat Experience Service. Users use such Third-Party Content at their own risk.

11. Termination

The Sweat Experience reserves the right, without notice and in our sole discretion, to terminate your license to use The Sweat Experience Service (including to post Athlete Content), and to block or prevent your future access to and use of The Sweat Experience Service. Your only remedy with respect to any dissatisfaction with (i) The Sweat Experience Service, (ii) any term of these Terms of Service, (iii) any policy or practice of The Sweat Experience in operating The Sweat Experience Service, or (iv) any content or information transmitted through The Sweat Experience Service, is to terminate your account and discontinuing use of any and all parts of The Sweat Experience Service. In serious cases of breach of these Terms of Service (for example, infringement of The Sweat Experience's intellectual property rights or actions causing it financial loss), The Sweat Experience may consider it appropriate to take legal action against you (though we will try to resolve matters amicably with you if possible.

12. Feedback

You agree that any feedback, suggestions, ideas or other information or materials regarding The Sweat Experience or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of The Sweat Experience. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We’d love to hear from you as it will allow us to continue to better serve athletes on The Sweat Experience. However, please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

13. Changes to the services

We reserve the right to modify or discontinue, temporarily or permanently, the services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the services or any part thereof.

14. Modification of these Terms

Please also acknowledge the fact that this service is provided as it is, and if you find it valuable or useful you may use it. Any changes that are made to our terms and conditions in the future will be posted on this page, and you will also be notified about this change. Any questions, problems, requests you have regarding these terms and conditions are welcome and should be addressed to;

hello@sweatexp.com