1.1 What's What.
Swimming Events’ products, features and offerings are available (a) online through swimming.events; (b) off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). (a), (b), and (c) are collectively referred to as "Swimming Events Properties" or our "Services". These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms.
1.2 Who's Who.
When these Terms use the term "Organiser," we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events ("Consumers"), or (b) for any other reason. Organisers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your."
When these Terms use the term “Sailfish,” "Swimming Events," "we," "us," or "our," that refers to Sailfish Systems Limited and its subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.
1.3 What Else.
1.4 What the "Terms of Service" Means.
These Terms of Service and the other documents referenced in them (including the above) comprise Swimming Events’ "Terms." These Terms are a legally binding agreement between you and Swimming Events governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
2. Swimming Events’ Services and Role
2.1 What We Do.
Swimming Events’ Services provide a simple and quick means for Users to create profiles, (in turn) organiser profiles, and other webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online or onsite ticketing and registration, solicit donations, sell or reserve merchandise or accommodations related to those events to Consumers or other Users, enter events, contact organisers and associate multiple swimmers. We process the payments received through the site and allocate to the organisers.
2.2 How We Fit In.
Swimming Events is not the creator, organiser or owner of the events listed on the Services unless specified in the event details. Rather, Swimming Events provides its Services, which allow Organisers to manage ticketing and registration and promote their events. The Organiser is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. Consumers must use whatever payment processing method allowed at checkout.
3. Privacy and Consumer Information
3.2 If you are an Organiser, you represent, warrant and agree that (a) you will at all times comply with all applicable laws, rules and regulations with respect to information you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.
4. Terms Termination
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Swimming Events decides it's best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Swimming Events.
4.2 Swimming Events may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Swimming Events; or (c) if allowing you to access and use the Services would violate any applicable laws, rules and regulations or would expose Swimming Events to legal liability. Swimming Events may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Swimming Events’ sole discretion, failure to do so would materially prejudice you. You agree that Swimming Events will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Swimming Events, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Swimming Events governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licences).
You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for your personal use, unless otherwise specifically authorised by Swimming Events to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorised by Swimming Events to do so. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Swimming Events in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is "Your Content." For the purpose of these terms “An Event” also encompasses swimming meets, swimming competitions, swimming galas or equivalent. We may post additional credits on the site for content which is not property of Swimming Events.
Swimming Events does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. Swimming Events cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Swimming Events disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Swimming Events will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
Swimming Events makes no guarantee of any specific result from use of this Site or use of the Swimming Events service.
Swimming Events disclaims any and all liability for the acts, omissions and conduct of any third-party users, Swimming Events users, advertisers and/or sponsors on the Site, in connection with the Swimming Events service or otherwise related to your use of the Site and/or the Swimming Events service. Swimming Events is not responsible for the products, services, actions or failure to act of any venue, organiser or other third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the Site to Swimming Events via our contact page. Swimming Events may investigate the claim and take appropriate action, in its sole discretion.
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access the Site prior to that time if we believe that the alleged infringement has occurred.
Links and Search Results
The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Swimming Events has no control over these sites or the content within them. Swimming Events cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Swimming Events does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Swimming Events for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us using the online help desk and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:
Although Swimming Events cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Swimming Events website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our website without the prior express written permission of Swimming Events.
Unauthorized Use of the Site
Illegal and/or unauthorised uses of the Site, including, but not limited to, unauthorised event sales, unauthorised framing of or linking to the Site, or unauthorised use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Violation of the Terms
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Swimming Events be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if Swimming Events has been advised of the possibility of such damages.
This site is controlled and operated by Swimming Events from its office in the United Kingdom. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed and construed by English law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this site, litigation must be brought in court in London, England without regard to its conflict of law provisions.
You agree to indemnify and hold Swimming Events, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.