Terms and Conditions
Last updated [07.09.2016]

1   INTRODUCTION

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 terms and conditions set forth below (“Terms of Use”), as well as the privacy policy set forth at [link] apply to your use of the services and functionality provided on or through the Website and Mobile Application (the “Services”).

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use the Services.

 

2   THE SERVICES

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”).

You may not use the Services or Data except as permitted under these Terms of Use. No other use is permitted without prior written consent from us.

You may not sell, transfer, assign, license, sublicense, or modify the Services or Data or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or Data in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Data with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Data and Services automatically terminates and you must immediately destroy any copies you have made of the 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.

 

3   PAYMENT

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.

 

4   SUPPLEMENTARY TERMS AND CONDITIONS

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.

Such optional features and services may be subject to Supplementary Terms and Conditions in addition to the Terms of Use (collectively, the “Agreement”) and may be made subject to your payment of the accompanying fees.

 

5   PERSONAL DATA

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.

In connection with any Personal Data that is submitted to the Services, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use any and all Personal Data to enable inclusion and use of the Personal Data in the manner contemplated by the Services and these Terms of Use; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the Personal Data to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Personal Data in the manner contemplated by the Services and these Terms of Use.

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.

You also hereby grant each user of the Services a non-exclusive license to access your Personal Data through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such Personal Data as permitted through the functionality of the Services and under these Terms of Use. We may maintain copies of any Personal Data for purposes of backup, security, or maintenance, or as required by law.

We may remove such Personal Data and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

 

6   INDEMNITY

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Data or the Services.

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.

 

7   DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

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.

 

8   GENERAL

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

These Terms of Use are governed by the internal substantive laws of Norway, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive jurisdiction of the courts of Oslo, Norway.

Sections 2, 5, 6, 7 and 8 shall survive termination of these Terms of Use.

We may modify these Terms of Use and the Privacy Policy at any time. When we post changes to these Terms of Use, we will include the date when these Terms of Use was last updated. If there are material changes to these Terms of Use, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification.