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The iBreatheSports Terms of Service

Using iBreatheSports (the "Service"), you agree to be bound by the following terms and conditions ( "Terms and Conditions of Use").
1. Service Description
iBreatheSports is a platform that aims to provide a brokerage service that allows you to get in touch with other registered users who want to organize and / or participate in amateur sporting events. ?The Service may be changed at any time by iBreatheSports for technical or commercial reasons. The Service may also be terminated at any time with reasonable notice from iBreatheSports but the user will be notified via the e-mail address provided by the user upon registration. Any new features that augment or enhance the current Service shall be subject to the terms and conditions of use.
2. Changes to the Terms of Use
iBreatheSports reserves the right to modify and update the terms and conditions of use of this service at any time.
3. Sign up
When you register to iBreatheSports, the information you provide should be complete, accurate and truthful. During the registration process you will be asked to choose a username and password. You will be responsible for all activities conducted on your account and are recommended to guard your password.
4. Payments
iBreatheSports uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that iBreatheSports is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that iBreatheSports has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at (877) 434-2894. No Refund Policy; Any iBreatheSports degradation or interruption in the Software or Services shall not give rise to a refund or credit of any fees paid by you.
5. Use of Materials
Materials within the Service are protected by copyright and other applicable laws. The Service includes both material owned or controlled by iBreatheSports that materials owned or controlled by third parties and licensed to iBreatheSports (collectively, the "Materials"). ?The user is not allowed to sell or modify the Material or reproduce, display, publicly disseminate, distribute or use the Materials or use them in any other form of public or commercial purposes without the written permission of iBreatheSports. Special rules may apply to the use of certain software and other items provided via the Services and will be mentioned when appropriate. If you want information about obtaining permission iBreatheSports for the use of materials on its Web site, you can send an email to support@iBreatheSports.com. No Refund Policy; Any iBreatheSports degradation or interruption in the Software or Services shall not give rise to a refund or credit of any fees paid by you.
6. Contents
Responsibility. You agree that all data, text, links to information materials and other content (collectively, the "Content") and disseminated to the public has a limited groups, the sole responsibility of the person from whom originated such Content. This means that the user, and not iBreatheSports, are entirely responsible for all Content that you publish, distributed, disseminated or otherwise transmit (collectively, "Content Posted") via the Service. You acknowledge and agree that by using the Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances and for no reason iBreatheSports be liable for any Content, as they are, including but not limited to, any errors or omissions in any Content, or for loss or damage of any kind arising from the use of the Content Posted via Service. You acknowledge and agree to evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. You acknowledge and agree that the technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of network devices used. ?Rights iBreatheSports. You acknowledge that iBreatheSports does not pre-screen, or edit or endorse Content made available via the Service and has no obligation to monitor the Content Posted via the Service. If iBreatheSports becomes aware of content that does not appear to comply with the terms and conditions of use, iBreatheSports may investigate and determine in good faith and in its sole discretion whether to remove the Content. iBreatheSports has no responsibility for the execution or non-performance of such activities. ?Storage and Removal of Contents. You agree to resolve directly and exclusively with third parties any disputes relating to messages posted by you or by contacting iBreatheSports to request removal. In this regard you acknowledge and agree that iBreatheSports does not monitor or control the content of information published by third parties, but instead simply provides a service that allows users access to information made available through the Service.
7. Appropriate Conduct
The user agrees to be responsible for their own conduct and communications while using the Service and for any consequences resulting therefrom. You agree to use the Service to send and receive messages and material that are legal and appropriate. By way of example and not as a limitation, the user when using the Service you agree not to: - Defame, abuse, harass, implementing practices threatening, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others; - Disseminate publish content that is unlawful, obscene, abusive, defamatory or inappropriate; - Disseminate content that infringes any patent, trademark, trade secret protected by copyright or other proprietary rights of third parties (the "Rights"), unless the user is the parent company of the Rights or have the permission of the Parent Company and disseminate publish such Content; - Distribute advertising messages that promote pyramid schemes, chain letters, advertisements or commercial messages, or any other message prohibited by the parent company of the Group. - Download files distributed or published by another user of a group for which it knows or reasonably should know that can not be legally distributed in any way; - Impersonate any person or entity, or falsify or delete any author attributions, legal notices or ownership or proprietary designations or labels of the origin or source of software or other material contained in a file Posted; - Restrict or inhibit any other user from using and enjoying the Service; - Use the Service for any illegal or unauthorized purpose; - Remove warnings related to copyright, trademark or other proprietary content or relating to the Service; - Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, regulations, policies or regulations of networks connected to the Service service; - Use any robot, spider, site search / retrieval of data from sites to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose; - Submit Content that falsely expresses or implies that such Content is sponsored or endorsed by iBreatheSports; - Create user accounts by automated means or under false pretenses; - Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or people, or transmit viruses, worms, defects, Trojan horses or any other item of a destructive nature. Users agree to respect the laws and customs applicable rules regarding online conduct and acceptable content, including provisions governing the import and export of data to and from your country of residence. While iBreatheSports prohibits such conduct and that content is connected to the Service, you acknowledge and agree that you nonetheless may be exposed to such conduct and / or Content and that use of the Service is at your own risk. iBreatheSports is responsible to respond to notices of alleged improper conduct in accordance with its procedures, and reporting. ?The user must notify iBreatheSports any unlawful conduct, offensive, abusive, obscene or harmful (such as, for example, but not limited to, conduct that incites racial discrimination) using the form under contact us.
8. Property Rights
iBreatheSports's rights?iBreatheSports and its affiliates and licensors are and shall remain the exclusive owners of all rights to the Service. You acknowledge and agree that the Service may contain confidential information and use and protected by exclusivity, and by the laws on intellectual property and other rules in force. Except as expressly authorized by iBreatheSports, you may not copy, modify, publish, transmit, distribute, perform, display or sell any proprietary information of iBreatheSports. "iBreatheSports" the logo "iBreatheSports" and "iBreatheSports" are trademarks owned by iBreatheSports . User's Rights?iBreatheSports does not claim any ownership or control over any Content submitted, posted or displayed by you through the Service. You or a third party licensor as appropriate, retain all patent, trademark and copyright to any Content you submit post or display on or through the Service, you are responsible for protecting those rights. By submitting, posting or displaying Content on or through the Service, you grant a license iBreatheSports free, non-exclusive and worldwide to reproduce, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the Service or other Services iBreatheSports. This license terminates when such Content is removed from the licensed service. iBreatheSports reserves the right to syndicate Content, posted, published, displayed by you on or through the Service and use that Content in connection with other services offered by iBreatheSports?Procedures for communicating or reporting?iBreatheSports policy is to respond to notices of alleged infringement in accordance with its procedures, and reporting.
9. General Practices Regarding Use and Storage
You acknowledge and agree that iBreatheSports has no responsibility for the deletion or failure to store any Content maintained or transmitted through the Service, unless intent or gross negligence. You acknowledge and agree that iBreatheSports has set no fixed upper limit on the number of transmissions you may send or receive through the Service or the amount of disk space used, but iBreatheSports reserves the right, in its sole discretion and good reason to create limits at any time and without notice.
10. Link
The Service may provide, or third parties may provide, links to other Web sites or resources iBreatheSports Since we have no control over such sites and resources, you acknowledge and agree that iBreatheSports is not responsible for the availability of such sites or resources external and does not endorse and is not responsible for content on or available at such sites or resources. You further acknowledge and agree that iBreatheSports can not be held responsible, directly or indirectly, for any damage or loss caused or attributable to the use of or reliance on the content available on or through such sites or resources.
11. Classifieds
iBreatheSports is a service which does include ads. The procedures, terms and level of ads displayed on the Service may change. You acknowledge and agree that iBreatheSports is not responsible for any loss or damage of any kind incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.
12. Privacy
As a condition of your use of the Service, you agree that the terms of the Privacy Policy iBreatheSports may occasionally change. iBreatheSports undertakes to notify you of any significant changes through a link located on the home page of iBreatheSports or via email. You acknowledge and agree that iBreatheSports may access, preserve, and disclose your personal information and the contents of to offer the service if this is required by law or in good faith that such preservation or disclosure of data access is necessary to comply with legal process or to protect the rights, property and / or safety of iBreatheSports, its affiliates or the public. Personal data collected by iBreatheSports can be stored and processed in the United States or in any other country. By using the Service, you consent to any transfer of information outside of your country.
13. Disclaimer
iBreatheSports, its agents, licensors, partners, suppliers, consultants and agents ( "iBreatheSports Entities") disclaim any responsibility for the accuracy, content, completeness, legality, reliability, or operability or availability of information or content displayed on the Service, unless intent or gross serious. iBreatheSports Entities disclaim any responsibility for the conduct of the user and for the conduct of others using the Service. You agree to use the services at your own risk.
14. Disclaimer
You agree to hold harmless and indemnify iBreatheSports, from and against any claims raised by third parties arising from or in any way related to misuse or otherwise in violation of these Terms of Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), court proceedings, cases, litigation, costs and fees of any kind and nature. In this eventuality iBreatheSports will provide written notice of such proceeding or action.
15. Disclaimer
Unless the existence of willful misconduct or gross negligence on the part of iBreatheSports and except for damage to the person's resulting from a fact or an omission of iBreatheSports, iBreatheSports under no circumstances be liable to you for damages , consequential, arising from the use or improper use of the Service. Such limitation of liability shall apply (i) the damage resulting from improper use AND RELIANCE ON THE impossibility of using the Service, by the termination, suspension or discontinuance of the Service (including such damages incurred by third parties) and (i) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY and to the extent permitted by law.
16. Termination
These Terms and Conditions apply to the use of the Service by you. The user can immediately stop using the Service at any time for any reason, by sending an email to customer support at this support@iBreatheSports.com. iBreatheSports may discontinue use of the Services for any reason at any time, with reasonable notice, notified by e-mail address provided by the user, and in this circumstance you will have no right to use the service. ?Intellectual property rights iBreatheSports, the disclaimer of warranties, indemnities and limitations of liability shall survive any such termination.
17. Notices
iBreatheSports may provide you with notices regarding the Service or these Terms and Conditions of Use by e-mail or postings on this website
18. Miscellaneous Provisions
This Agreement shall be governed by and construed under the laws of the State of California applicable to contracts made in and wholly to be performed in the State of California without regard to conflicts of law. Without limiting the claims above, in no case iBreatheSports be held responsible for any delay or non-performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures , computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, shortages of labor or materials, fires, floods, storms, explosions, acts of God , war, governmental actions, orders of domestic or international tribunals, non-performance of third parties, the loss of or fluctuations in heat, light or air conditioning. The terms and conditions contained in this document represents the entire agreement between you and iBreatheSports on matter, and supersedes all prior understandings or agreements, written or oral. Any waiver of any provision of these Terms and Conditions of Use will be effective only if in writing and signed by the parties.