Welcome to www.bia-sport.com (the “Site”). This site is owned and operated by BIA SPORT, INC.. By using or visiting this Site, or submitting your comments or other content on this site (“User Content”), you are agreeing that these terms (the “Terms”) shall govern your use of this site. The term “Bia-Sport.com”. “Bia” or “us” or “we” or “our” refers to BIA SPORT, INC.. The term “You” or “Your” refers to the user or viewer of the Site.
In order to provide User Content to the Site, you must register and create an account. Certain other features of the Site may also require you to register for an account. If registration is requested, and you choose to register for an account and provide information to us, you agree to provide only accurate and complete registration information, including your real name. You agree to register once and may not maintain multiple accounts on the Site. You may not authorize any third party to use your account. You are solely responsible for any activity that occurs on your account and for preventing unauthorized use. BIA SPORT, INC. will not be liable for your losses caused by any unauthorized use of your account. You must notify us at email@example.com immediately of any breach of security or unauthorized use of your account.
The Site is not marketed or intended for use by persons under thirteen (13) years old. You must be at least eighteen (18) years old to register for an account. By registering, you certify under penalty of law that you are at least eighteen (18) years old; or that you are the parent or legal guardian of a minor under the age of eighteen (18) whose use of the Site you have authorized (including sections of the Site for which registration is required). If you are a parent or legal guardian who is registering on behalf of a person under the age of eighteen (18), you agree to the Terms, and you agree to be liable for such person’s use of this Site in accordance with these Terms. Your account may be terminated without warning at any time if we believe you are under the age of eighteen (18).
User Content and Conduct
We offer features of the Site that enable users to submit User Content. Please respect and engage with others as you would in any public arena by using mature and healthy dialogue and not immature behavior or name-calling. Disruptive conduct such as off-topic comments is not allowed.
If you elect to provide User Content, you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material to us and to grant BIA SPORT, INC. all of the license rights granted herein;
- publish falsehoods or misrepresentations; or
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
- Create or engage in off-topic commentsAny communications sent to you regarding your participation in the Interactive Areas or related matters are not intended for public consumption and you agree not to post those communications in the Interactive Areas, elsewhere on the internet or distribute without consent via email or other means.
Liability for User Content
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We do not authorize or support copyright infringing activities or infringement of intellectual property rights on this Site, and we may remove User Content if properly notified that such User Content infringes another’s intellectual property rights. BIA SPORT, INC. reserves the right to remove User Content without prior notice.
By providing User Content, you grant to BIA SPORT, INC. and its licensees a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such User Content in any form, media, or technology, whether now known or hereafter developed or discovered.
We provide interactive activities for our online website communities such as article and blog comment posting areas, groups, workout comments, community challenges and user profiles collectively identified as "Interactive Areas," for the enjoyment of our visitors.
Any submissions or postings by visitors to certain parts of this website, including Interactive Areas, without limitation, will be public and posted in public areas on the website. BIA SPORT, INC., its parents, partners, affiliates, subsidiaries, members, directors, officers, employees, and any contract or operational providers that conduct, operate and/or manage the Site’s Interactive Areas, will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas.
Bia-Sport.com contains posts consisting of opinions and conversations from users and contributors (“Posts”). Such Posts are governed by the terms of this Agreement, including, without limitation, the user’s agreement regarding his or her use of Interactive Areas. BIA SPORT, INC. does not assume responsibility or liability for any Opinion or for any claims, damages, or losses resulting from the use of this service or the materials contained therein.
Bia-Sport.com has no obligation to monitor the Posts made in Interactive Areas. However, we reserve the right to review all Posts and to remove or refuse to display any Posts at our sole discretion. We also reserve the right in our sole discretion to display any Posts that is submitted even if it violates the Terms. Posts that violate Terms may be reported by emailing firstname.lastname@example.org.
We reserve the right to modify, suspend, or discontinue the Site or these Terms with or without notice to you and we are not liable to you or any third party should we exercise such right. It is your sole responsibility to check this Site from time to time to view any such changes in these Terms. If you object to any such changes, your sole recourse is to discontinue using the Site. Continued access and/or use of the Site shall indicate your assent to and acceptance of such changes.
Third Party Sites
BIA SPORT, INC. hereby grants you permission to use the Site as set forth in these Terms, provided that: (i) Your use of the Site as permitted is solely for your personal, noncommercial use; (ii) You will not copy or distribute any part of the Site in any medium without BIA SPORT, INC.’s prior written authorization; (iii) You will not alter or modify any part of the Site; and (iv) You will otherwise comply with the terms and conditions of these Terms.
You agree not to collect or harvest any personally identifiable information from the Site, including account names, nor will you use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Content.
Intellectual Property Rights
Visitors represent and warrant that they are the owner or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public or private areas on the website. Visitors hereby grant BIA SPORT, INC., its parents, affiliates, and subsidiaries an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, edit and create derivative works from and distribute or otherwise use and reproduce any information or materials, including, but not limited to, comments or content, that visitors post, submit or transmit in areas on our website and the right to visitors and members online attribution in connection with such information and materials and in connection with the advertising, marking and promotion of the foregoing without compensation, notification or other consideration. Each visitor also agrees to indemnify and hold BIA SPORT, INC., its parents, affiliates and subsidiaries harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of information or materials that the visitor submits on our website.
The content on the Site, including without limitation, the articles, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BIA SPORT, INC. and are protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and your personal use only. You may not use, reproduce, distribute, digitally transmit, broadcast, publicly display, prepare derivative works of, sell, license, or otherwise exploit the Content for any other purposes whatsoever without the prior written consent of the respective owners. BIA SPORT, INC. reserves all rights not expressly granted in and to the Site and the Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIA SPORT, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. BIA SPORT, INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. BIA SPORT, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIA SPORT, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL BIA SPORT, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIA SPORT, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF BIA SPORT, INC. TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Site is controlled and offered by BIA SPORT, INC. from its facilities in the United States of America. BIA SPORT, INC. makes no representations that Bia-Sport.com is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify and hold harmless BIA SPORT, INC., officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Site; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) Any claim that any User Content caused damage to a third party. This indemnification obligation will survive these Terms and your use of the Site.
Please contact BIA SPORT, INC. with any questions or comment at email@example.com
LAST MODIFIED: October 10, 2011