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U.S. TERMS OF USE

WEBSITE TERMS OF USE

 

Virgin Sport provides access to the Website located at www.virginsport.com (THE “site”), subject to your acceptance of these Terms of Use (these “terms of use”).  These terms of use apply to you when you access or use the site.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AS THEY SET OUT THE TERMS IN ACCORDANCE WITH WHICH YOU MAY USE THE SITE. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.

 

  1. WHO WE ARE AND HOW TO CONTACT US  

The Site is a website operated by Virgin Sport USA, LLC, a Delaware limited liability company with an address at 65 Bleecker Street, 6th Floor, New York, NY 10012 (“Virgin Sport”, “we”, “us” or “our”).

 

To contact us, please email [email protected] or telephone our customer service line on 866-633-0003.

 

  1. BY USING OUR SITE YOU ACCEPT THESE TERMS  

By using the site, you confirm that you accept these terms of use and that you agree to comply with them.

 

If you do not agree to these terms of use, you must not use our site.

  

  1. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site can be found at the end of these terms of use [LINK]. When using our site, you must comply with this Acceptable Use Policy.

 

These terms of use refer to the following additional terms, which also apply to your use of our site:

 

  • Our Privacy Policy [LINK], which sets out: (i) the terms on which we process any personal data we collect from you, or that you provide to us; and (ii) information about the cookies on our site. By using our site, you consent to such processing and our use of cookies and you warrant that all data provided by you is accurate.
  • If you apply to participate or attend any event that we are organising, our terms and conditions of entry to such events will apply to your attendance/participation in the event [LINK].

 

It is important that you read the documents listed above and only use our site if you understand and agree to be bound by them.

 

  1. WE MAY MAKE CHANGES TO THESE TERMS  

We may revise these terms of use at any time by amending this page without notifying you. By continuing to use and access our site you agree to be bound by any variation made by us. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

  1. WE MAY MAKE CHANGES TO OUR SITE  

We may update and change our site, including any referenced documents, from time to time for any reason, including to reflect changes to our events, our users’ needs and our business priorities. We shall not be liable to you or to any third party for any such modification of our site. Furthermore, we accept no liability in respect of losses or damages arising out of changes made to the content of our site by unauthorised third parties.

 

  1. ACCESSING OUR SITE  

Our site is made available free of charge.

 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or restrict the availability of all or any part of our site generally or for any user for any reason, including business and operational reasons. We shall not be liable to you or to any third party for any such modification, suspension or discontinuance of our site.

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

 

  1. Our site is intended for users in the United states

Virgin Sport makes no claims that the content on the site is appropriate or may be downloaded outside of the United States. Access to the content may not be legal in certain countries or for certain persons. If you access the site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

 

  1. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE  

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures when creating a Virgin Sport membership account, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for all activities that occur using your account and we are not liable for any harm or loss that you incur as a result of or in connection with the theft, loss or mis-use of your username and/or password in respect of your account. You should take all necessary steps to ensure that your username and password are kept secret and secure and should change your password by using the appropriate function within our site.

 

You must ensure that the details you provide us are correct, complete and not inappropriate in any way. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use. You agree to inform us immediately of any changes to the information that you provided when registering.  You can access and update the information you provide to us within the appropriate area of our site.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, for any reason.

 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

 

  1. HOW YOU MAY USE MATERIAL ON OUR SITE  

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Our site is for your personal and non-commercial use. You must not modify, copy, distribute, transmit, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from any part of the materials on our site without obtaining a licence to do so from us or our licensors.

 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You must not reverse engineer or commercially exploit any part of the site or software comprising or appearing on the site.

 

  1. DO NOT RELY ON INFORMATION ON THIS SITE  

The content on our site is provided for general information about Virgin Sport events only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

Enjoy using our site, but please understand that you assume total responsibility and risk when you use our site and the Internet. The site and the content and services made available on the site are provided on an “as is” and “as available” basis. Virgin Sport does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, the content, any services provided through the site or on the Internet. We expressly disclaim any and all implied warranties. Some jurisdictions may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

  1. THIRD PARTY WEBSITES

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

We have no control over the contents of those sites or resources. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use, or availability of such websites or for any loss or damage, however arising, as a result of their use.

 

Our site may also include ‘framed' or 'embedded’ content from other sites, including those operated by third parties. Your use of such content is subject to these terms of use, together with any other relevant terms and conditions notified to you in relation to that content.

 

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU   

 Limitation of Liability 


Virgin Sport, its affiliates, officers, directors, employees, agents and/or representatives will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of site under these terms. You understand that this paragraph shall apply to all content and services available through the site.

Indemnification

You agree to indemnify and hold harmless Virgin Sport, its affiliates, officers, directors, employees, agents and/or representatives from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorney’s fees on account thereof resulting from your use of the site) whether based in contract or tort (including strict liability) and regardless of the form of action.

  1. Your responsibility to us

If you are in breach of these terms of use, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of these terms of use.

  1. UPLOADING CONTENT TO OUR SITE   

Whenever you make use of any feature that allows you to upload content to our site, or to make contact with other users of our site you must comply with the content standards set out in our Acceptable Use Policy [LINK].

 

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

 

When you upload or post content to our site (which may include pictures or video), you expressly grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted, 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 that use and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us.

 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy [LINK].

 

You are solely responsible for securing and backing up your content.

 

  1. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

You access our site and download material from it at your own risk and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.

 

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

  1. RULES ABOUT LINKING TO OUR SITE  

You must not link to our home page without first obtaining our prior written consent. If you would like to link to our site then please contact us [LINK TO CONTACT US SECTION].

 

  1. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES, AND HOW ARE DISPUTES CONDUCTED?  

These terms of use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules.

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

WE BOTH AGREE TO ARBITRATE: You and Virgin Sport agree to resolve any claims relating to these terms of use through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Virgin Sport’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).  Under such circumstances Virgin Sport may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

 

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

 

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS.  Any dispute, controversy, or claim arising out of or relating to these terms of use shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator.  If there is a conflict between JAMS Rules and the rules set forth in these terms of use, the rules set forth in these terms of use will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.  To initiate arbitration, you or Virgin Sport must do the following things:

 

(1)    Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

 

(2)    Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111

 

(3)    Send one copy of the Demand for Arbitration to the other party.

 

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Virgin Sport, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these terms of use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Virgin Sport.

 

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

 

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Virgin Sport in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Virgin Sport WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 

Forum Selection

 

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, the governing law provision in the first paragraph of this section shall apply.  You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.

 

  1. INTELLECTUAL PROPERTY – COPYRIGHT, TRADEMARK AND DISCLAIMER NOTICES

The contents of the site, such as text, design, graphics, logos, trade dress, audio clips, video, games, photographs, software, interfaces or code (the “content”) and the selection and arrangements of the content is the property of Virgin Sport and its business partners, and is protected by international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Virgin Sport and its business partners, or other respective owners that have granted Virgin Sport the right and license to use such marks. Such trademarks and content may not be used except as provided in these terms or in the text of the site. You agree not to contest or challenge our authorship and ownership of rights in any material appearing on our site.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  You agree to include proper acknowledgment of the source and authorship of our materials if you copy or download any of that material.  .Except for the foregoing, no portion of the content may be reprinted, republished, modified, or distributed in any form without the express written permission of Virgin Sport, and you may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the content. Any unauthorized use of the content is strictly prohibited and may violate copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes.

 

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Virgin Sport or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Virgin Pulse copyright.

 

The VIRGIN name and signature, and VIRGIN SPORT are registered trademarks VIRGIN SPORT is a US registered trade mark of Virgin Enterprises Limited and used under licence by Virgin Sport. You are not permitted to use it without approval, unless it is part of material you are using as permitted under

 

  1. Entire Agreement, Updates and Modifications 

These terms and any referenced documents constitute the entire agreement between Virgin Sport and you pertaining to your use of the site.

 

 

How you may use material on our site.

 

ACCEPTABLE USE POLICY

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [LINK].
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation, User messaging features (interactive services).

We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the following standards in any contributions (including any part of a contribution).

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

 

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.