X-Sport - Terms of use
This agreement was written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
This document lays down the rights and responsibilities of both the company (Xsport International) and all those who interact with this site or any subsidiary of it (including any products or services). By using, visiting or in anyway accessing Xsport International, you agree to this Statement.
Extreme sports are by nature dangerous activities and participating in them can lead to injury or death. Xsport International International (and its affiliates/owners/partners) take no responsibility for your actions, anything you do is a judgement on your behalf. All the information on this site is generated by the community of Xsport International users and should be considered opinionated and potentially incorrect or out of date.
Definitions
1. By "Xsport" and “Xsport International” we mean the features and services we make available, including through (a) our website at www.xsport-international.com (and any holding domain used during testing) and any other Xsport International branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Xsport International or provide data to us.
3. By "information" we mean facts and other information about you, including actions you take.
4. By "content" we mean anything you post on Xsport International that would not be included in the definition of "information."
5. By "data" we mean content and information that third parties can retrieve from Xsport International or provide to Xsport International through Platform.
6. By "post" we mean post on Xsport International or otherwise make available to us (such as by using an application).
7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of regardless of whether you are a registered user or visitor.
8. By "registered user" we mean a user who has created an account on the Xsport International website.
9. By "active registered user" we mean a user who has logged into Xsport International at least once in the previous 30 days.
10. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
Sharing Your Content and Information
When you share any information on the Xsport website you agree that you are the full owner and have all the appropriate rights to share it online. You also accept that this content may be seen by any user or moderator. In addition:
1. For any content (specifically media such as videos and photos) that is protected by intellectual property rights you specifically grant us the following permissions. You grant us a non-exclusive, royalty-free international licence to use any IP content you share on the Xsport website. This includes using your content in Xsport Internationals own marketing materials. This IP licence ends when you delete your content and all backups that contain it have been cleared/purged on our server unless your content has been shared with others and they have not removed it (such as in the case of privet messages, blog posts or forum content).
2. When you delete any content you understand that removed data may still be present in backup copies for a reasonable period of time and may become available to others if a backup ever needs to be restored.
3. When you publish content or information you are allowing everyone, including non registered users/visitors, to access and use that information, and to associate it with you (i.e., your name and profile picture).
4. We always appreciate your feedback or other suggestions about Xsport International, but you understand that we may use them without any obligation to compensate you for them.
Safety
We do our best to keep Xsport International safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Xsport International. All advertising must be authorised by the Xsport International corporate team and remain true to the terms set out in this document and any specific advertising contracts.
2. You will not collect users' content or information, or otherwise access Xsport International, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Xsport International.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user such actions will lead to your account being immediately suspended.
7. You will not post content that: is hateful, threatening, pornographic, incites violence or contains nudity or graphic /gratuitous violence.
8. You will not offer any contest, give-away, or promotion on Xsport International without our prior written consent authorising such action. If we consent, you take full responsibility for the promotion, and will abide by any applicable laws.
9. You will not use Xsport International to do anything unlawful, misleading, malicious, or discriminatory.
10. You will take proper care to ensure that any route information you create is correct to the best of your knowledge, you will not make malicious or misleading edits to any routes or upload any routes which you know to be false. You take full responsibility for the information you provide to the community.
11. You accept that the community generated routes on this website may contain errors and/or may be out of date. By using our route service you agree to take responsibility for any risk associated with using nay of the information on this website.
12. You will not do anything that could disable, overburden, or impair the proper working of Xsport International such as a denial of service attack.
13. You will not facilitate or encourage any violations of this Statement.
Use of the Xsport International map, guides and routes
All routes are generated by the community and should at all times be considered potentially incorrect, out of date or the sole opinion of the creator. Anybody using this faculty agrees not to hold liable Xsport International or any of its owners, moderators or users for any accident damage or loss that may arise from the use of this information. The information held on the Xsport International map is there purely for informational purposes only and should not be considered a reliable source of information. Participate in any of these sports at your own risk, you alone are responsible for your safety. In addition:
1. You will not maliciously create or edit any route that could cause injury to another user. Although it is accepted that extreme sports are dangerous by nature all users must make efforts to ensure that the routes they create are as accurate as possible and do not misled users into situations they do not expect to find.
2. When using any formal grading system you must make all efforts to ensure that your grade represents the worst possible scenario on that route and is based on accepted gradings and not personal opinions.
3. You accept that Xsport International does not encourage or endorse any of the routes or sports listed on this website. Xsport International only acts as a service to the sports community and does not provide any guarantees that any of the information provided is accurate in anyway.
4. You will not hold liable Xsport International for any inaccurate information presented in the routes or guides available.
5. All information stored about a route remains the sole copyright of Xsport International, any attempt to copy this information and use elsewhere will be treat as a breach of copyright and handled by our legal council.
6. You will not attach images or videos to a route that are in anyway unsuitable for a 13+ audience. This includes any nude or pornographic images.
7. The routes are not to be used for the financial gain of any third party, any routes that have information relating to a product or service will be deleted immediately, this includes coaching services or products related to the extreme sports industry.
8. You will not use the Xsport International map to do anything unlawful, misleading, malicious, or discriminatory.
9. When creating a route you must list any issues with access to the route. This should include any legal restrictions to the sport it pertains to (this should include seasonal restrictions).
10. You will not upload any routes that take place on privet land or are considered illegal or unlawful in anyway. Xsport International takes no responsibility for any routes of this nature and will provide information relating to the creator of any route that is thought to break the law to the police on request.
11. Xsport International takes no responsibility for how you use the information displayed on our maps and routes. Use at your own risk.
Registration and Account Security
On registering with Xsport International you provide us with a certain amount of personal information including your email address, we have no control over how easily someone could connect with you with the information you provide on your account. To keep your account safe and to ensure that no-one uses the service for spam or for any other wrong doing you agree to the following.
1. You will not create more than one personal profile.
2. You will not purposely upload false information or information relating to another person (fictional or real).
3. If we chose to disable your account you have the option to appeal, you will not create another one without our written permission.
4. You will not use your personal profile for your own commercial or financial gain or for the gain of another third party or service.
5. You will not use Xsport International if you are under 13.
6. You will not use Xsport International if you are a convicted sex offender.
7. You are entirely responsible for the security of your account, you will not share your password, let anyone else access your account, or do anything else that might jeopardize your or anyone else’s security. This includes adding friends whom you do not know or do not wish to access your personal information.
8. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
9. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
10. You will not use Xsport International for the sharing of sensitive information for example bank details, social security numbers and confidential files.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Xsport International that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Xsport International if we believe that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual property rights.
4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we may disable your account without warning, notice or right to appeal.
6. You will not use our copyrights or trademarks (including “Xsport International International”, the Xsport International Logos), or any confusingly similar marks, without our written permission.
7. If you collect information from users, you will: obtain their consent, make it clear you (and not Xsport International) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone's sensitive information (personal, financial, or otherwise deemed privet) on Xsport International.
9. You will not tag users or send email invitations to non-users without their consent.
About advertisements and other commercial content served or provided Xsport International
Our goal is to deliver advertisements that are not only valuable to advertisers, but also valuable to users. In order to do that, you agree to the following:
1. We do not give your content or any of the profile information that we store directly to any advertisers however they may access the details that you publish openly on your profile.
2. You understand that we may not always identify paid services and communications as such.
3. Advertisers may target advertising to you on our site based on your interests and personal information. By including any information you agree that Xsport International may use this information to help tailor the advertising you receive.
Special provisions applicable to advertisers
1. We will determine the size, placement, and positioning of your ads.
2. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
3. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that may effect your advertising.
4. You can cancel your Order at any time by emailing our sales team at advertising@xsportinternational.com however if you cancel within 2 weeks of your advert going live we will take a 50dmin charge of the cost of your advert.
5. Our license to run your ad will end when we have completed your order. You understand, however, that if users have viewed your ad, your ad may remain their screen until they view another page.
6. You advert may remain in our backups for a undisclosed amount of time. In some cases where a backup needs to be restored your advert may be displayed inadvertently. We will remove as soon as the error is found.
7. We can use your ads and related content and information for marketing or promotional purposes.
8. You will not issue any press release or make public statements about your relationship with Xsport International without written permission.
9. We may reject or remove any ad for any reason at any time without refund.
10. You will not advertise any products or services that are considered unlawful in our country of operation or in the United Kingdom.
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
11. You warrant that you have the legal authority to bind the advertiser to this Statement.
12. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
Amendments
1. We reserve the right to edit and amend these terms without notice by posting the change on this document.
2. We may make changes for legal or administrative reasons, or to correct an inaccurate statement, without notice.
Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Xsport International to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement will remain in force for any action you have taken during the use of Xsport International.
Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Xsport International exclusively via court action in Bangor, North Wales (UK). The laws of the United Kingdom will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Bangor, North Wales (UK) for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on Xsport International, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP Xsport International ONLINE, BUG/MALWARE-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Xsport International "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Xsport International WILL BE SAFE OR SECURE. Xsport International IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Xsport International, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Special provisions applicable to users outside the United Kingdom
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
1. You consent to having your personal data transferred to and processed in the United Kingdom.
2. If you are located in a country embargoed by the United Kingdom you will not engage in commercial activities on Xsport International (such as advertising or payments).
Special provisions applicable to the forum
Our forums are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “X-Sport” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “X-Sport” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “X-Sport” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.