PRIVACY & USER AGREEMENT
San Diego Sport Innovators (SDSI) ADDRESS
253 S Coast Hwy
Solana Beach, CA 92075
PERSONAL INFORMATION— You will need to create an account to use certain parts of our Website. Generally, we will try to limit the information we request from you to non-personally identifiable information such as a screen name, birthday, gender, state, zip code and country of residence. Depending on what activities you sign up for, we may also ask for some limited personally identifiable information (“Personal Information”) including your first name and email address and the name and email address of your parent. In compliance with the Children’s Online Privacy Protection Act of 1998, (“COPPA”), it is our policy to require only the information necessary for the specific activity that you request; we do not condition your participation in any activity on the disclosure of more information than is reasonably necessary to participate in that specific activity.
PARENTAL CONSENT— We ask for your date of birth in order to determine whether you are under 13 years of age. If you are, you will need to prove that you have your parents’ consent before we can create your account or accept any information from you.
We may use any of the following methods to verify your parents’ consent:
We may also require a valid credit card number to validate your parent’s identity and verify that they have given their permission for you to create an account. We do not charge any amount to this credit card and we do not retain this information after we have validated your parent’s identity. We simply use the credit card number to request that your parent’s credit card issuer confirms your parent’s identity.
USAGE INFORMATION—Our Website may also use certain standard web measurement and tracking technologies such as “cookies,” web server logs, or other statistics programs to track your use of our Website (“Usage Information”) and help us measure the success of our Website and its features or pages. Usage Information is anonymous and does not personally identify you. Your browser may have an option that allows you to reject cookies, but doing so may limit your use of our Website. In addition, we may utilize use web beacons (also known as “action tags” or “one pixel.gif files”), provided by our advertising serving partner, to measure the effectiveness of, and otherwise manage, our online advertising. These web beacons enable our advertising server to recognize you when you visit the Website and to determine which banner ads bring users to the Website. We do not use spy ware, adware or any other similarly intrusive software.
USE OF INFORMATION COLLECTED—If you are over the age of 13, we may use your Personal Information to contact you, respond to your inquiries, and send you other information we think you may be of interest to you, such as special offers or to notify you of important new changes to our Website. If you are under 13 years of age, we will only use you’re your Personal Information to provide you with services and/or information that you have specifically requested and for which we have your parents’ permission to provide. Finally, we use collected Usage Information to analyze, manage and improve our Website or to help us diagnose problems with our server or other technical issues relating to the performance of our Website.
WARNING: ANY PERSONAL INFORMATION (E.G., NAME, EMAIL ADDRESS, PERSONAL PHOTOGRAPHS) THAT YOU VOLUNTARILY DISCLOSE ON ANY BULLETIN BOARD, MESSAGE BOARD OR ON ANY OTHER COMMUNITY FORUM OFFERED ON THE WEBSITE MAY BE COLLECTED AND USED BY PARTIES OTHER THAN USE AND MAY RESULT IN UNSOLICITED MESSAGES FROM OTHER PARTIES. IF YOU ARE UNDER 13 YEARS OF AGE, WE EXPRESSLY PROHIBIT THE POSTING OF ANY PERSONAL INFORMATION ANY WHERE ON OUR WEBSITE, INCLUDING ON ANY MESSAGE BOARD. IF YOU BELIEVE THAT ANY CHILD UNDER THE AGE OF 13 HAS POSTED ANY PERSONAL INFORMATION ANYWHERE ON OUR WEBSITE, PLEASE CONTACT US IMMEDIATELY AT INFO@SDSPORTINNOVATORS.COM AND PROVIDE AS MUCH INFORMATION AS YOU CAN TO HELP US LOCATE AND DELETE THE PERSONAL INFORMATION. IF YOU POST PERSONAL INFORMATION ON ANY MESSAGE BOARD WE HAVE NO CONTROL OVER THIS USE OF YOUR PERSONAL INFORMATION AND, AS SUCH, CANNOT BE RESPONSIBLE FOR IT. WE RESERVE THE RIGHT, BUT NOT THE OBLIGATION, TO: (A) DELETE ANY PERSONAL INFORMATION WE DISCOVER OR WHICH IS BROUGHT TO OUR ATTENTION, AT ANY TIME, FOR ANY REASON WHATSOEVER; (B) IMMEDIATELY TERMINATE YOUR ACCOUNT AND/OR (C) CONTACT YOUR PARENTS REGARDING THE POSTING.
DISCLOSURE OF YOUR INFORMATION—We may disclose your information: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference to our rights or property, or those of other users of the Website, or anyone else who could be harmed by such activities, including you. We may reasonably disclose such information as is appropriate or necessary to enforce our User Agreement, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of our Website. Also, we reserve the right to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, or if we have a good-faith belief that such action is necessary to comply with state and federal laws. Subject to COPPA, we may disclose certain portions of your information to our business partners for research, analytical and marketing purposes and/or we may use your Usage Information to identify and develop products and services that may be of interest to you and/or share this information with certain third parties for direct marketing purposes. We may also disclose your information if we have your consent or, if you are under the age of 13, if we have your parent’s consent.
TRANSFER— We may sell or buy other businesses or entities. If we do, we may transfer or assign the information we have collected, including your Personal Information, as part of such merger, acquisition, sale, or other change of control. Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used and your Personal Information may be included in the transferred assets. We do not sell Personal Information, to third parties and have no intention of doing so in the future. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made in writing to SDSI at 253 South Coast Hwy, Unit C, Solana Beach, CA 920175. Except as explained above, we will not share any of your personal information with any third party, unless we have received your express permission to do so.
OPTING-OUT— You may opt-out of receiving any communications for which you or your child has signed up at any time by clicking on a link provided at the bottom of the email communication or by contacting email@example.com.
LINKED SITES—Our Website may include, as a convenience to you, links to other websites. Each linked website will have its own rules and policies with respect to how it collects, uses and discloses your personal information. THESE SITES ARE NOT PART OF THIS WEBSITE. MAKE SURE YOU AND YOUR PARENTS REVIEW THE APPLICABLE AGREEMENTS AND POLICIES CAREFULLY WHEN VISITING OTHER WEBSITES. WE ARE NOT RESPONSIBLE FOR OR HAVE ANY CONTROL OVER THOSE WEBSITES AND WE DO NOT ENDORSE ANY PRODUCT ON THOSE WEBSITES.
SECURITY PROCEDURES— We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information submitted via the Website. However, your email transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or the Website may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the Internet. Once we receive your Personal Information, we take steps that we believe are commercially reasonable to limit access to your Personal Information to only those employees and service providers whom we determine need access to the Personal Information to provide the requested products, services, offers or opportunities that may be of interest to you. However, even after we receive your Personal Information, we cannot guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION.
ACCOUNTS— If you are under 13 years old, you may not register for an account without first obtaining your parents’ permission. Whatever your age, you may never use another person’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for any losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to such unauthorized use. For security purposes, we may ask you to provide answers that will help us identify you in case you forget your password in the future. We only want information that will help us verify your account, please do not provide us information that will personally identify you in real. You may be issued a new password or required to change your password from time to time. IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE.
Intellectual Property Ownership—Unless otherwise noted, all text, content and documents on this Website, any names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property including the organization, design, compilation, look and feel, illustrations, artwork, videos, music, software or other works or materials of the (“Content”), except as otherwise noted, are the owned by us or our affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. This includes the entire Content of the Website, trademarked and protected as a collective work (collectively with the Content, hereinafter referred to as the “Materials”). As between us and you, all right, title and interest in and to the Materials will at all times remain with Us and/or its Owners. “San Diego Sport Innovators,” the “San Diego Sport Innovators” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Courage International Inc.
Limited Use; Restrictions on Use—The use or misuse of any Content, except as provided in this User Agreement or in the Content, is strictly prohibited. We grant you a non- exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and use the Materials on the following conditions: (a) you may not distribute text or graphics to others without our express written consent, (b) you may not, without our permission, copy and retransmit, disseminate, broadcast or circulate or otherwise distribute this information on any other server, or modify or re-use all or part of the Materials on this system or another system, (c) you shall not use any of our tradenames, trademarks, or brand names in metatags, keywords and/or hidden text, (d) you may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Content for public or commercial purposes without Our prior written permission, (e) you agree you will not create derivative works from or commercially exploit the Materials, in whole or in part, in any way, (f) you shall not use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Us, or the applicable Owner, or any third party referenced therein, (g) you shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only, and (h) you shall not publicly display, perform, or distribute the Materials, either in whole or in part, and shall not modify, translate, alter or create any derivative works thereof. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed through the Website and our posting of any Materials on the Website does not constitute a waiver of any right in such Materials. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in any Materials on the Website. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under our and/or any Owner’s intellectual property rights, whether by estoppel, implication or otherwise. We may revoke your access to the Website at any time without prior notice, including by blocking your IP Address.
Digital Millennium Copyright Act— We are committed to respecting and protecting the legal rights of copyright owners. As such, We adhere to the following notice and take down policy, in full compliance with Section 512(c) (3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any Content or Materials available on the Website infringe upon your intellectual property rights, please submit a notification alleging such (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (a) be provided to our designated agent and must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent to receive DMCA Takedown Notices is: firstname.lastname@example.org, telephone: 866-275-7155. USER CODE OF CONDUCT—Our Website is intended to be used in a safe and enjoyable fashion. You must not: Use our Website in such a way as to offend or interfere with the use by anyone else of our Website; Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using our Website that: (a) are defamatory, libelous or inaccurate, (b) are abusive or threatening towards or invade the privacy of any third party, (c) which are offensive, obscene or pornographic; (d) infringe the intellectual property rights, including copyrights, of any third party; (e) violate any law or regulation; (f) advocate illegal activity; (g) advertise or otherwise solicit funds or are a solicitation for goods or services; or (h) are treated as confidential under any contract or policy;
Ever reveal your Personal Information to other users online. The best way to stay safe online is to NEVER share your real name, phone number, address, email or passwords with other users. If you are aged under 13 years old and you do reveal any Personal Information, or if you believe a child aged under 13 has shared Personal Information at our Website, you should contact us immediately at email@example.com. Attempt to circumvent the security systems of our Website; Attempt to gain access to our Website in a fraudulent manner, including but not limited to using to any other user’s account; Attempt to ascertain any other user’s password and/or Personal Information by any means whatsoever, including without limitation, by use of our Website or any other website, or by e-mail communication; Attempt to harvest or otherwise collect information about our users without their consent; Attempt to use our Website for any purposes other than those intended by us; or Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Disclaimers—WITHOUT LIMITING THE FOREGOING, THE WEBSITE, MATERIALS, CONTENT AND EVERYTHING AVAILABLE ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT YOU THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR ANY OF OUR EMPLOYEES AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE OUR WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR BE CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.
Limitation of Liability—YOUR USE OF THE WEBSITE IS AT YOUR RISK. NEITHER WE, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT, MATERIALS OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING OUR WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE