The www.biathlontargetanalyzer.com (“Website”) and mobile application “Biathlon Target Analyzer” (“Mobile Application”) is an online mechanism for plotting, tracking, managing, and sharing biathlon shooting results.
It is provided to you by Holmenkollen Sport AS (“us” or “we” or “our” or “Holmenkollen Sport”), either directly by us or by or in connection with our partners’, service providers’, sponsors’, or other affiliates’ services. In the event data is owned by you or other individual users of the Service, such data would be Personal Data as defined below.
The Services allow for the delivery of software, text, graphics, images, video, audio and other material and data related to Biathlon Target Analyzer (collectively referred to as the “Data”).
The Data may be owned by you, us or may be provided through an arrangement you or we have with others, including other users of the Services, or our partners, sponsors, or affiliates.
The Services and Data are protected by copyright and by other intellectual property laws and regulations. Unauthorized use of the Services or Data may violate copyright, trademark, and other laws. You have no rights in or to the Services or Data, except for the personal information that belongs to you or your allowed users that are defined as personal data according to applicable laws and regulations, such the users’ name, address, geolocation, shooting results and heart rate while shooting, event time and date (“Personal Data”).
The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us.
By using the Services, you represent and warrant that you will obtain a valid consent from all individuals that submits Personal Data for use with the Services, as set out in Section 5.
Your use of the Services is subject, in our sole discretion, to termination at any time.
Payment for the Service will be made by a valid credit card accepted by us. Fees are payable in NOK/EURO. You hereby authorize us to charge your credit card for such amounts on a regular monthly or yearly basis beginning at the beginning of your subscription and continuing until such time as your account is terminated. If we are for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and your subscription will be disabled until payment is received. Amounts paid for the Service, including prepayments, are not refundable.
The Services may now and in the future also include access to certain optional features and services for reporting, shearing and managing Data and Personal Data.
By way of example, such optional features and services may include reporting and sharing Data and Personal Data with television broadcasters and spectators of biathlon events.
The Services may now or in the future include functionality to permit the submission of Personal Data, such as the users name, address, geolocation, shooting results and heart rate while shooting, event time and date, at the direction of users of the Services (“Personal Data”) and the hosting, sharing, and/or publishing of such Personal Data.
You shall be solely responsible for obtaining the required consents from the individuals that elects to submit their Personal Data for the use of the Service. By way of example and without limiting the foregoing, such consent may be provided through the interfacing of ancillary user training equipment such as pulse watches or similar equipment to the Services.
By submitting the Personal Data to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Personal Data in connection with our provision of the Services and our (and our successors’) business.
We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
We, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the data (including the data), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability.
Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the services and the data at your own risk.
We make no warranty that the services will be available error free or that the services or the data are free of computer viruses or similar contamination or destructive features. If your use of the services or the data results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
The services and data are provided on an “as is” and “as available” basis without any warranties of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
In no event shall we be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the services and the data, whether based on warranty, contract, tort (including negligence), or any other legal theory, in excess of one hundred dollars, even if a we have been advised of the possibility of such damages.