ast updated on October 30, 2012
Hello and welcome to Voost!
- “You” means, well, you.
- “We”, “us”, “our” refer to Voost LLC.
- “Organizer”, “race organizer”, “event organizer” refer to an organization using Voost software to manage an athletic event.
- “Participant” refers to an athlete participating in an event hosted by a race organizer.
- “Content” means text, images, photos, audio, video, location data, timing, rankings, and all other forms of data or communication.
- “Jerk” refers to a malicious user, or Steve Martin in that 1979 movie.
Don’t be a Jerk. Don’t harass, threaten, spam, impersonate, defraud, or otherwise try to ruin the perfectly nice day that other users of this website are having. Don’t try to break this website or use it to run your illegal kitty porn ring. If we find you acting like a Jerk, we may permanently ban you and subscribe your email address to the Justin Bieber Fan Club (or unsubscribe you, if you are already a member). We reserve the right to terminate your use of this website at any time for any reason, including your taste in music.
Some content on this website has been posted by third parties; race organizers, racers, race photographers, polar bears, bystanders, emergency response personnel, monkeys, etc. Some people have really questionable taste. Voost does not endorse or assume any liability for content posted by users, but we reserve the right to remove content at any time for any reason. We do not pre-screen posted content; if you find inappropriate content on this website, please contact us.
3.1 Your Content
Only post content for which you have the legal right to do so. Do not post copyrighted content without the permission of the copyright owner! If you believe your copyrighted work is being infringed on this website, please contact us.
By posting your content to Voost, you grant Voost LLC a perpetual, non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, store, copy, cache, eat, publish, display, distribute, modify, snort, and create derivative works in order to operate the services of this website.
3.2 Appropriate Content
Do not post or link to content that is pornographic, illegal, or related to pirating software or other copyrighted material. This isn’t 4chan.
4. Intellectual Property
Voost, and the Voost logo, are trademarks of Voost LLC. You may make a reference to Voost and to content on the Voost website, but not in such a way that implies you are affiliated with, sponsored, or endorsed by Voost. You should not use the Voost logo. If you would like to request special permission for a specific use of our intellectual property, please contact us.
Voost provides software (including this website) to help event organizers manage athletic events. Voost does not manage events, does not monitor events, and does not ensure the safety of events. We don’t even ensure that events actually happen as planned. We want you to have the best possible experience competing in athletic events, but…
5.1 Event Liability
Participating in athletic competitions can be dangerous, even for a well-organized event.
5.2 Financial Responsibility
When you purchase a ticket on the Voost website, you engage in a financial transaction directly with the event organizer. Voost does not even take your money – it flows directly into the financial account of the organizer. If an organizer cancels an event and runs off to Paraguay with the money, there’s not much we can do to help.
6. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. OK, WE ARE DONE YELLING NOW.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Governing Law
This site is controlled by us from our offices within the California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.
Additional Terms for Race Organizers
10. Organizer Responsibilities
Race organizers are expected to maintain high standards of integrity and professionalism:
- Provide an honest description of the event and course.
- Establish a clear refund policy and honor it.
- Establish a clear cancellation policy and honor it.
11. WePay In Good Standing
You must maintain your WePay account in good standing, keeping a positive balance and paying all chargeback fees. If your service from WePay is terminated for any reason, you will not be able to use the services of Voost.
12. Email Blasts
The Email Blast feature is provided so that you may communicate with participants in your events about information that is relevant to the events. Do not use this feature to send unrelated content or advertising. If we find this feature being abused to spam athletes, we may revoke access to this feature or revoke your account entirely (see term #2).