1.INTRODUCTION
Welcome to FightGeek SPEED! We start every new subscriber relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click “CONFIRM” on the subscription page to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking “CONFIRM” will you be able to access and use the services available on this Platform.
2.KEY DEFINITIONS
2.1 A “Platform” is the FightGeek SPEED Online Application, where Organizations can sign up to utilize the tools and services to record combat sports bout data.
2.2 An “Organization” is the organization that you represent when establishing a SPEED account. The Organization can create or change roles on the account and otherwise modify the Organization’s accounts.
2.3 A “Subscription” is a monthly or an annual license that permits one Organization to access the Platform and any particular Services described in the Invoice.
2.4 Each Organization must have at least one individual identified as its Organization’s administrator (an “Organization Admin”). Organization Admins have all permissions and authorities of an Admin, plus the power to add or remove other Admins, Loggers and Analyst roles.
3.ACCESS AND SERVICES
Organization access to the various services available on this system depends on the level of access selected. The Organization may change or discontinue the account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
Subject to your complete and ongoing compliance with the Agreement and Policies, we grant to you, for the duration of your access and use, a worldwide, limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable right and license to: (i) access and use the Platform in accordance with our Privacy Policy; and (ii) Use the Platform provided by us and associated with the Services on a mobile, personal computer or laptop device that you own or control through which you may access and use the Services and Content.
4. FEES AND PAYMENT
We will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. For the price list visit https://speed.fightgeek.co/register. You will be given the opportunity to pay by credit card or by paypal when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly (or annual) charges for the month (or year) for which you discontinued service. We reserve the right to change our fees at any time for any reason without notice, and fees shall be effective upon the next renewal.
5.SYSTEM RULES
You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of our service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
6. PRIVACY CONSIDERATIONS
Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications.
7. PROMOTION
FightGeek may publicize and market Organization as a customer. Subject to FightGeek’s confidentiality obligations hereunder, FightGeek may display on FightGeek’s website and in any and all promotional materials (irrespective of the means of exploitation) a case study or other customer usage scenario referencing or featuring Organization. FightGeek may prepare and utilize testimonials of a reasonable number of Authorized Users, subject to Organization’s prior consent (to the extent Organization is entitled to grant such consent). Organization hereby grants to FightGeek, and represents to FightGeek that it may grant, a non-exclusive, non-transferable, royalty-free license for FightGeek to make use of Organization’s name or logo during the Term on FightGeek’s website and in any and all promotional materials (irrespective of the means of exploitation). All such use shall inure to the benefit of Organization, and FightGeek shall have no implied right to any other intellectual property of Organization except as set forth in these Organization Terms. FightGeek shall use its best efforts to comply with any use guidelines that Organization provides to FightGeek in writing; provided, that an inadvertent failure to comply shall not be a breach of these Organization Terms.
8. PROPRIETARY RIGHTS
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, inform or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our supplies own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.
9. OWNERSHIP
Except for the licenses provided in this Section, as between FightGeek and Organization, (i) FightGeek owns all Intellectual Property Rights in the Platform, FightGeek’s marks and business model, Feedback (as defined below), and any other rights not expressly granted to Organization herein and (ii) Organization retains all Intellectual Property Rights in the Images, Logged Data, and Statistical Data. No other licenses are granted.
10. LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE PLATFORM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
11. INDEMNITY
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cases of action.
12. DISCLAIMERS OF WARRANTY
THE SYSTEM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
13. CHOICE OF LAW
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of SINGAPORE, and that any action arising out of this Agreement shall be litigated and enforced under the laws of SINGAPORE. In addition, you agree to submit to the jurisdiction of the courts of SINGAPORE, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of SINGAPORE.
14. ACKNOWLEDGEMENT
This Agreement represents the entire understanding between you and FightGeek, and supersedes any prior statements or representations. BY SUBSCRIBING YOU AGREE TO BE BOUND BY THE TERMS OF THIS SUBSCRIPTION AGREEMENT.