We recommend you save and/or print a copy for your records. If you have any difficulty doing so, please email us at [email protected].
3. Sorry Kids
This Website is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13, nor do we communicate with children under 13 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 13, we will delete that information as quickly as is reasonably possible and cease further communication with such individual.
4. Site Features
(a) General Information.
Our Website is primarily meant to provide you with information about Tough Mudder events and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.
(b) Your Submissions. Our Website may also include: surveys to help us learn about you or your interest in volunteering at an event, hosting an event, or being part of a news story about an event; newsletter sign-up; and a poster request form. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials have the right to permit us to use them for any purpose. For example, if you fill out our Media Profile survey and email us your photo, we we have your permission to (among other things): shop your story and photo to any media outlets we choose, put such media outlet(s) in touch with you, and we have your permission to use your materials (including, without limitation, your photo and story and any other materials submitted) and grant others to use the foregoing materials.
(d) Other Third Party Sites. In addition to Active.com, our Website may contain links to other third-party websites that are not owned or controlled by us. Links do not imply that we are, or our website is, affiliated to or associated with such sites. We are not responsible for the content, products, services, policies, or practices of any third-party website(s). By visiting those sites, you may be subject to the privacy policies and/or terms and conditions of use that may apply to such website(s) and we recommend that you read those terms and policies before proceeding.
(a) Ours. Our Website and all information, images, photographs and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to seu for pasing off or unfair competition, rights in design and all other intellectional proprery rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to Tough Mudder or are licensed to use from their respective owners or licensors. You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We expressly reserve all rights, in and to the Website and the Materials and your use of the Website and the Materials is subject to the following restrictions. You must not:
- remove any copyright or other proprietary notices contained in the Materials;
- use any Materials from our Website in any manner that may infringe any of our rights or the rights of a third party; or
- reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.
Use of our Tough Mudder Material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of rights in the Website or the Tough Mudder Materials accessible on it.
[(b) Yours. You retain ownership rights in anything you submit to us through our Website or email. However, when you submit materials to us (e.g. information, photos, videos or other materials), you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted, including, without, limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that you will not receive any compensation whatsoever for the aforementioned usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation, other violation of your civil rights, or defamation.]
6. Restrictions on Use
- use the materials on the Website for any commercial purpose;
- use the Website or its content for any illegal purpose;
- attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
- modify or attempt to modify or in any way tamper with Website;
- use the Website or any of any of its content in a way that may infringe upon the intellectual property other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; or
- interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
7. Medical Treatment
The Website is provided for your convenience. You should not rely on information provided on this Website as a substitute for professional medical advice, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. Do not disregard, avoid or delay obtaining medical advice or seeking emergency care. We recommend you take further advice or guidance before taking any action based on information contained on or generated by our Website.
9. Your liability to us.
If anyone brings a claim against us related to your actions or use of the Website or any materials submitted by you through the Website, by email or otherwise, you agree to compensate us for all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claim.
(a) You acknowledge that we cannot guarantee that our Website will:
- stay the same as we might change or remove it or make access to it subject to registration or charges;
- be compatible with all or any hardware or software which you may use;
- be available all the time or at any specific time;
- be accurate and up to date; or
- be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
(b) You also acknowledge that:
- we cannot guarantee the speed or security of the Website; and
- we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
11. Limitation of Liability
(a) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any Materials on it, whether express or implied.
(b) We are only liable to you in connection with your use of our Website for losses which you suffer as a direct result of our breach of these Terms and Conditions. We shall not be liable for any indirect, special, incidental or consequential damage or loss or for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
(c) Tough Mudder is not liable for any Materials posted by other users and which are available on the Website. In the event that you believe such Materials infringe any Rights, or are illegal, then you should contact us [as explained above] so that we may investigate.
(d) We do not exclude our liability (if any) to you for:
- Personal injury or death resulting from our negligence;
- Fraud or Fraudulent misrepresentation; or
- Any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
TOUGH MUDDER® is a trademark of Tough Mudder Ltd., Tough Mudder Limited’s parent company. Our trademarks may not be used in connection with any product or service that is not Tough Mudder Ltd.’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Tough Mudder Ltd.
Last updated: January 27, 2014