The Active Network, Inc. ("Active") maintains this and other websites as a service to its customers. By accessing and/or using the web sites owned, operated and/or maintained by Active (the "Active Sites"), you are expressly agreeing to comply with and be bound by the following Terms of Use and the Active Privacy Statement, as well as all applicable laws and regulations. We've created these Terms of Use to protect you and to ensure that Active is safe and fun for everybody. If you do not agree with these Terms of Use, you are not authorized to use the Active Sites and must not access or use them! Active may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Active Sites indicates your agreement with any such changes. 1. Copyright.
Ownership. All content included on the Active Sites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Active or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Active Sites is the exclusive property of Active and protected by U.S. and international copyright laws. All software used on the Active Sites is the property Active or its software suppliers and protected by U.S. and international copyright laws.
Permitted Use. The content and software on the Active Sites may be used as an information, entertainment, registration and shopping resource. In addition, Active hereby authorizes you to view, copy, download, and print for personal use only any Active-owned content on the Active Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by Active licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by Active, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the Active Sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the Active Sites, the Active logos or other design elements or software. Any use of the Active Site content not described herein is strictly prohibited.
Copyright Complaints. Active respects the intellectual property of others, and we ask our content partners and Active members to do the same. If you believe that your copyrighted work has been copied and is accessible on the Active Sites in a way that constitutes copyright infringement, you may notify Active by providing Active's copyright agent the following information:
- an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
- Identification of the URL or other specific location of the Active Sites where the material that you claim is infringing is located, including enough information to allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under the penalty of perjury, that the above information is your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Active's agent for notice of claims of copyright infringement on the Active site can be reached as follows: Kourosh Vossoughi, General Counsel/VP of Corporate Affairs, The Active Network, Inc, 1020 Prospect Street, Suite 250, La Jolla, CA, 92037.
2. Permitted Use of Active Trademarks
Active trademarks identify Active products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from Active. Please make such requests by e-mail to bizdev@active.com; we will evaluate your request as soon as possible.
Trademarks: Active.com, Active.com and Logo, ActiveParks.com, ActiveParks, ActiveParks.org, ActiveEvents, ActiveLeagues, ActivePro, ActiveSafari, ActiveSportsMecca, Eteamz, Eteams, From Start to Finish, It All Starts Here, ProActive, Register Online At, Sports You Do, SportsMecca, The Sportz We Play, RecWare Safari, RecWare Pro, RecWare Online and The Active Network.
3. User Submissions and Content
Active may provide interactive areas on the Active sites, in which users may post communications. You alone are responsible for the content of your communications, and the consequences of any such communications. By submitting content, which shall include your member name, to any "interactive area" of the Active Sites, including message boards, forums, and chat rooms, you grant Active a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the Active interactive areas, you agree:
- not to use the Active Sites to send or post on message boards or any place on the Active Sites, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
- not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Active.
- not to use an inappropriate member name of any kind.
- not to post or use the Active Sites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
Such actions shall constitute a material breach of these Terms of Use. Active reserves the right to delete from the Active Sites any postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators.
4. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Active with respect to such sites.
In addition, you may order services or merchandise through the Active Sites from other persons not affiliated with Active ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Active Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Active makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Active, nor will Active be construed as, a party to such transactions, whether or not Active may have received some form of revenue or other remuneration in connection with the transaction. You agree that Active will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Active and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Active makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Active nor such third party shall have any liability with respect thereto.
5. Registration and Password
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Active of any unauthorized use of your registration.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF Active IS AT YOUR SOLE RISK. Active IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Active EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT ACTIVE’S LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY ACTIVE FROM YOU.
THE INFORMATION ON Active IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Active NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN Active, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Active ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON Active CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON Active.
Active makes no warranty that the Active Sites' services will be uninterrupted, secure or error free. Active does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Active Sites. Active is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Active Sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
7. Limitation of Liability
Active SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE Active OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Active OR (D) THE USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH ACTIVE (E) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACTIVE (F) PERSONAL INJURY NOT CAUSED BY ACTIVE’S GROSS NEGLIGENCE (G) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Active HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to defend, indemnify and hold harmless each of Active and its officers and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of your use of Active, any of its websites, any products purchased off of Active’s websites, the use by you of any training programs purchased through Active, your violation of these Terms and Conditions, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
9. Termination
Active reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access Active and/or any other service provided to you by Active upon any breach by you of the Terms of Use or upon your demonstration of conduct that Active determines to be inappropriate.
10. Applicable Law; Consent to Jurisdiction
The Active Sites (excluding linked sites) are controlled by Active from its offices within the State of California, United States of America. The Active Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing the Active Sites both you and Active agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Active Sites.
You agree that exclusive jurisdiction for any dispute with Active, or in any way relating to your membership or use of Active, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving Active or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
11. Miscellaneous
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Active may assign its rights and obligations under these Terms of Use and upon such assignment Active may be relieved of any further obligation hereunder.
You represent to Active that you have the authority to register with Active according to these Terms of Use.
With your prior approval, Active reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information. |
