Terms of use

TERMS OF USE OF THE SPORTTELEPORT.COM WEBSITE

date of last change: 24 March 2019

 

  1. DEFINITIONS
  2. Company shall mean SportTelepoort OÜ Company (registration code 14609294, location: Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551) administers the Sportteleport website (hereinafter — the Website) at https://sportteleport.com/ and its sub-domains, including the software and hardware, databases, documentation, updates and other components and materials of the Website. Any link to the Website, Sportteleport in these Terms of Use means a link to the Company.
  3. Registered user shall mean a user who has completed the registration process for using the Website, involving creation of the personal account (user account) on the Website and allowing to arrange a one-time purchase of access to the Website content or a subscription to the content for a certain period of time.
  4. Visitor shall mean a person using the Website, who did not complete the registration process. At the same time, a Visitor is granted limited access only to browse the Website without the possibility of viewing the Video, except for promo videos and one trial viewing the Video.
  5. User shall mean a Visitor or a Registered User.
  6. Service shall mean the provision by the Company to the Users of the access to watching videos that were made on behalf of the participant on real marathons, races, and other similar events or on behalf of the runner on a run (“running from first person”) (hereinafter — the Video) in streaming video format (Streaming Video). The Service can be paid or free-of-charge. Detailed conditions for the provision of paid Services, as well as their payment conditions, are indicated in the Public Offer agreement at the link https://sportteleport.com/en/public-offer-agreement/.
  7. ACCEPTANCE OF TERMS

Use of the Website is governed by the terms of use set forth herein (“Terms of use”). Terms of use are important and are intended to protect all Visitors and Registered users. Access to or use of the Website by Registered users, as well as by Visitors, is deemed to be recognition, acceptance and confirmation of the Terms of use not requiring any further actions to confirm such recognition and acceptance. Using the Website, accessing it or using its contents and services available on the Website, from the Website or through the Website, you accept the terms and conditions offered by the Website, comprising of: 1) these Terms of use of the Website, 2) Privacy Policy that you can read at the link https://sportteleport.com/en/privacy-policy/, 3) the Public Offer Agreement that you can read at the link https://sportteleport.com/en/public-offer-agreement/.

Please read carefully the above-mentioned documents.

When working with the Website, you are not entitled to any intellectual property rights, or to the software of the Website, or to the content.

These Terms of use of the Website do not grant you any rights to use the trademarks of design elements, Website logos.

Despite the fact that the Company will make every effort to promptly inform you about all the changes that are made to these Terms of use, you should periodically review the latest version of the Terms of use that is available at the link https://sportteleport.com/en/terms-of-use/. The Company can, at its sole discretion, at any time, make changes or additions to these Terms of use, Privacy Policy, Offer Agreement and you agree to adhere to these terms.

 

  1. CONFIDENTIALITY AND DATA PROTECTION

When working with the Website, you authorize us to use your personal information in accordance with the Privacy Policy. The latter describes for what we use these data and how we ensure the privacy of Visitors and Registered users when working with the Website.

If you believe that your rights in the field of protection of personal data are violated by us, please send us a corresponding notification without undue delay to the email address: info@sportteleport.com.

 

  1. CONTENT OF THE WEBSITE. COPYRIGHT. UPLOADING THE VIDEO.

You acknowledge and agree that any content, data, programs, videos, services or software available on the Website (hereinafter — the “Website Content”) belongs to us, our partners, our content providers or are licensed by us and protected by copyright laws, trademarks, patents and trade secrets, other property rights and international treaties. We or our partners, our content providers or licensors reserve all rights and authorities with respect to the Website Content. Accordingly, you agree that you will not copy, reproduce, transfer, modify, translate, publish, broadcast, execute, display, sell or distribute such Website Content, except as provided for in these Terms. Your rights to use the Website Content are governed by these Terms. You should not remove or alter any copyright notations or other notifications that we post on any website content. You do not have the right to assign, distribute, sell, modify any Website Content or use the Website Content for commercial purposes. You cannot use the Website Content in any way not expressly permitted by these Terms, and if you do this, your right to use the Website Content will be automatically terminated. The Website Content and the Website as a whole can be changed or discontinued without a prior notification. All rights not expressly granted herein are deemed not to be transferred or granted to you.

 

You have an opportunity to upload your own videos on the Website (audiovisual works created by you personally with or without your participation, hereinafter — the Video) at the same time you provide the Company with a worldwide valid license (with the right of sub-licensing to third parties) that allows us to use the Video in any form and in any way not contrary to the law, including, but not limited to the following ways:

  1. Video playback, that is, production of one or more copies of the Video or its parts in any material form, including on DVD, Blu-Ray, etc., via mobile communication devices, in the form of audio or video recording, production in three dimensions of one and more copies of two-dimensional Video and in two dimensions of one or more copies of three-dimensional Video. In this case, the recording of the Video on electronic media, including recording in computer memory, is also considered to be playbacked, except for the case when such recording is temporary and constitutes an integral and essential part of the technological process that has the sole purpose to lawfully use the recording or to lawfully bring the Video to the public;
  2. Distribution of the Video by selling or otherwise alienating its copies;
  3. Public demonstration of the Video, that is, any demonstration of the Video directly or on the screen using the film, transparencies, television frame or other technical means, as well as the demonstration of individual Video frames without observing their sequence directly or using technical means in a place open for free to visit or in a place where there is a significant number of persons who do not belong to the usual family circle, regardless of whether the Video is perceived in the place of its demonstration or elsewhere along with the demonstration of the Video;
  4. Public performance of the Video, that is, the display of the Video (with or without soundtrack) in a place open to public access or in a place where there is a significant number of persons who do not belong to the usual family circle, regardless of whether the Video is perceived in the place of its presentation or display or elsewhere along with the presentation or display of the Video;
  5. Broadcasting, namely, bringing the Video to public (including display or performance) on radio or television (including by retransmission). In this case, broadcasting refers to any action by which the Video becomes available for auditory and (or) visual perception, regardless of its actual perception by the public. When broadcasting the Video via a satellite, broadcasting refers to receiving signals from a ground station to the satellite and transmission of signals from the satellite, through which the Video can be made publicly available, regardless of its actual reception by the public. Announcement of coded signals shall be recognized as broadcasting if decoding facilities are provided to an unlimited circle of persons by the broadcasting organization or with its consent;
  6. Cable announcement, namely, making the Video available to the public via radio or television using the cable, wire, optical fiber or similar means (including retransmission). Announcement of coded signals shall be recognized as cable announcement if decoding facilities are provided to an unlimited circle of persons by the cable broadcasting organization or with its consent;
  7. Translation or processing of the Video, the right for processing means the right to make any changes and additions to the Video (including remounting, abbreviation, division into parts or changing the name, etc.), its fragments (including frames) and use in processed form in any form and by any means;
  8. Making the Video publicly available in such a way that any person can access the Video from any place and at any time of their choice (making publicly available), including making publicly available via the Internet, including but not limited to through the Website;
  9. Using the Video footage, its fragments (including frames), as well as photographs independently (separately) from the audio track of the Video by any means and in any form, including advertising;
  10. The combination of the Video, its fragments and elements with audio and/or video recordings, transparencies, photographs and other visual and audio elements, as well as the combination of the Video with software that allows users to use the Video interactively;
  11. Using the Video (including a separate audio track and video sequence), their fragments and elements, both together and separately, for creating and using advertising video clips and other types of advertising (clips, posters, etc.);
  12. Using the Video in other ways and in other forms known today and such that may appear in the future.

This license is free of charge and unlimited (for the entire duration of the copyright on the uploaded video), and will be valid also after you refuse to use the Website. The Company reserves the right to encourage the authors of the Video both monetary and in the form of providing free of charge use of the Website Services or other bonuses.

Before uploading the Video to the Website and, thereby, giving us the license to use it, make sure that you have the appropriate rights to do so.

As a result of uploading the Video by the Registered user and acquaintance with it by the Company, the Company does not have the obligation to provide access to this Video to users. The Company, at its sole discretion, makes the decision on the compliance of the Video with the concept of the Website and on the expediency of its use. Also, the Company has the right at any time to remove the Video from the Website, replace it with another, etc.

It is forbidden to use the Website to upload, publish, share or transmit any content that is: unlawful, abusive, threatening, harmful, obscene, offensive, defamatory or otherwise undesirable.

On the Website it is forbidden to engage in the activities that can spread any computer viruses, malicious software or other software, files or code intended to interrupt, destroy, gain access to or limit the functionality of any computer software or hardware or telecommunications equipment.

It is forbidden to distribute, publish, share or transfer any content or other materials using the Services or the Website that constitute unwanted advertising, advertising materials, polls, spam, unwanted email or other unwanted mass or duplicate messages.

It is forbidden to violate or create excessive loads, interfere with or try to gain unauthorized access to any part of the Website, Services or any auxiliary computer systems, servers or networks.

It is forbidden to sell, lease, license or transfer your user registration or access to the Services or their use to any third parties, and you are not entitled to use the Website or Services for any purpose other than personal non-commercial use without the prior written consent of the Company.

It is forbidden to copy, duplicate, or re-engineer the Website, any part of it or the Services available on the Website.

You understand and agree that your Videos will be available for viewing all over the world. If your name, voice or physical similarity appears or is used in the Video, it will also be publicly available. You hereby give irrevocable and gratuitous, unlimited in the time permission to use on the Website your name, image, voice and other physical features that allow to identify you. If the Video that you upload contains intellectual property items, such as a piece of music, and/or name, image, voice, and other physical features that allow to identify other people, you guarantee that you receive from these people and/or possessors of intellectual property items all necessary permissions to use them in the Video and, in the case of any claims from them, you undertake to resolve these claims on your sole discretion without the involvement of the Company. In case you do not have proper rights to use intellectual property items in the Video, before uploading you should adjust the Video so that it does not have such intellectual property items, for example, to remove musical accompaniment.

 

  1. COMMENTS ON THE WEBSITE

Users have the opportunity to comment on the Video on the website, while respecting the following rules:

  1. in the comments it is forbidden to leave off-topic links that have no relation to the Website and Video;
  2. advertising of your projects, YouTube channels without coordination with the Administration is forbidden, such messages will be regarded as spam;
  3. political disputes are forbidden;
  4. it is forbidden to behave inadequately, provoke the users, as well as insult the users and administration of the Website;
  5. it is forbidden to conduct commercial activities on the Website, namely, to publish messages with the offer of paid services. It will be regarded as advertising. This should be agreed with the Administration.
  6. comments that instigate intolerance and hatred, containing obscene expressions, direct or indirect insults on national, religious or other grounds are forbidden.

 

  1. COMMUNICATIONS WITH THE REGISTERED USERS

From time to time the Company may send the Registered users emails with the information relating to the Website, such as emails with business notifications and/or other information related to the Website (for example, notifications about the changes, maintenance, technical problems or requests for information updates). The Company can also conduct periodic surveys of satisfaction with the quality of the Services of Registered users.

  1. SECURITY

Despite the fact that the Company takes all reasonable security measures, including ensuring a safe and reliable operating environment, the nature of Internet communication is such that the Company cannot guarantee the privacy and security of messages transferred via the Internet from malicious third party interference. Each Registered user or Visitor is responsible for setting up their information systems, computer programs and devices used to access the Website. Each user should have their own anti-virus software on their local devices to access the Website. Users should not disrupt the use of the Website by introducing deliberately viruses, trojans, worms, logical bombs or other materials that are harmful or technologically harmful.

 

  1. DENIAL OF RESPONSIBILITY

The Company shall not be liable and should not be in charge of the agreement or tort, for any direct, incidental, indirect losses or any other losses, costs, expenses or damage of any kind caused by using the Website in any respect, including:

  1. unavailability of the Website;
  2. accuracy, suitability, usefulness and completeness of any information and data contained on the Website;
  3. Website work interruptions for software updates;
  4. any errors in transferring or uploading the Video to the Website or during Video playback;
  5. unavailability, incompleteness or inaccuracy of data or information displayed or uploaded by users;
  6. violation by Visitors or Registered users of the Terms of use;
  7. loss of data or information;
  8. malfunction or improper functioning of the Website or technical problems arising in this connection.

 

  1. LINKS TO THIRD PARTY RESOURCES

The Website can contain the links to other websites not under the control of the Company (External Links). The Company shall not be liable for the content of any external link or any link contained in the external link. The display of any external link does not mean the endorsement by the Company of any such external link. The Company shall not be liable for the content of such external links. Any links are provided for the convenience of users, and users who visit any external links should do so at their own peril and risk. Users should be aware that the external link can be infected with computer viruses. Users cannot create links or otherwise link to the Website without the prior written permission of the Company.

 

  1. VIOLATION OF THE TERMS OF USE

In accordance with any violation of the Terms of use, the Company can take appropriate actions, including one or more of the following:

  1. to deactivate, restrict or suspend the Registered user’s access to all or any part of the Website and/or its content, and/or functionality, and/or
  2. Remove any content downloaded by the user from the Website without any special prior notification to such user.
  3. To inform about any relevant violation to the Data Protection Commission (DPC) or any other relevant authorities.
  4. To take any other action that the Company deems to be appropriate.

 

After deactivating the access of the Registered user to the Website or any part or parts thereof, for any reason, the Registered users terminate and do not have any permissions, whether express or implied, to access or use any information obtained through the Website.

If the registered user account has not been used for 4 years, the Company can contact the Registered user using the contact information provided by the Registered user to ask the Registered user to use or terminate the account. After this correspondence, if the Registered user cannot use or close the account within the period specified in the message, the Company has the right to deactivate the Registered user access to the account.

 

  1. GENERAL TERMS AND CONDITIONS

You acknowledge and agree that your relationship with any third parties, including mobile app stores, advertisers, social networking sites and others, links to which are located on the Website or are accessible through it, or which provide access to the Services and any of their products or services, are relationships solely between you and such third parties and the Company shall not be liable for any losses or damage arising from your use or interaction with any of the above-mentioned. Your activities on third-party websites are governed by the terms and privacy policy of this website, but not by these Terms.

These Terms of use, as well as any use of the Website, the legal relationships between the Company and the visitor of the Website, the registered user and other persons are governed by the Laws of the Republic of Estonia. If any dispute arises when you use the Website or any information on it, we will make maximum efforts to resolve this dispute through negotiations. If the dispute is not resolved by negotiations, this dispute should be settled in the jurisdiction of the courts of the Republic of Estonia.

Also, you agree that the Service is passive and is provided by the Website in the territory of the Republic of Estonia upon your active request that does not provide for the regulation in any other jurisdiction other than the jurisdiction of the Republic of Estonia.

 

 

 

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