By accessing or using the Site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age without your parent’s or legal guardian’s permission; and (d) your access or use of the Site does not violate any applicable law or regulation. Fulgaz reserves the right, in its sole discretion, to terminate or suspend your access to, and/or use of, the Site or any portion thereof, at any time, with or without notice and for any reason.
Your Account, Password, Security, and Account Termination
Certain features or services offered on or through the Site may require you to register an account. You are entirely responsible for maintaining the security and confidentiality of the information you hold on your account, including your password(s), and for any and all activity that occurs on your account as a result of your failure to keep this information secure and confidential. The Site may contain products or services for sale that can be purchased by using a credit card. If you are under the age of 18 and using a credit card to purchase any product or service, you may do so only with your parent’s or legal guardian’s consent. Fulgaz may, in its sole discretion and at any time, terminate your account, refuse your registration, and remove or edit your posted User Content (as defined below).
Acceptance, Applicability, and Other Agreements
Postings; User Content
The Site may, now or in the future, provide you with the opportunity to post photos, content, or other information that will then be shared publicly with others through the Site, or otherwise by Fulgaz (“User Content”). You are solely responsible for the User Content that you post on or through the Site. By submitting User Content or information of any type, you automatically grant Fulgaz a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such User Content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Fulgaz may sublicense all or part of its rights under this license or assign them to third parties. You also acknowledge that such submissions are non-confidential for all purposes.
You will not post or transmit any of the following materials (each, “Prohibited Content”): (a) anything that interferes with or disrupts the Site or the operation of the Site or any product or service made available by Fulgaz; (b) statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others; (c) unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another; (d) statements or material that violates other contractual or fiduciary rights, duties, or agreements; (e) statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction; (f) statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; (g) statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of Fulgaz, or its subsidiaries; (h) anything that violates the privacy or publicity rights of any other person; (i) statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials; or (j) files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site. Furthermore, by posting User Content, you represent and warrant that all User Content posted by you on or through the Site or otherwise is not Prohibited Content and that you own or have all the rights necessary to grant Fulgaz the license set forth in this section.
Fulgaz may delete any User Content for any reason, including content that, in Fulgaz’s sole judgment, is offensive, illegal, or violates the rights or threatens the safety of any person. Fulgaz does not monitor the Site for inappropriate User Content; however, if Fulgaz becomes aware of any such content, Fulgaz may (but is not required to) remove it.
Copyrights; Notice for Claims of Copyright Infringement
Fulgaz follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and responds to clear notices of claimed copyright infringement in full compliance thereof. If you are a copyright owner or agent thereof and believe that User Content posted by a user on the Site infringes upon your copyright, please submit a notice to Fulgaz containing the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Site containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Fulgaz can be reached at [email protected], or by mail at:
BIZAR MOBILE PTY LTD
c/o World Triathlon Corporation
3407 W. Dr. Martin Luther King Jr. Blvd., Suite 100
Tampa, Florida 33607
Note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.
World Triathlon Corporation and its affiliates (including Fulgaz, collectively, “WTC”) owns a portfolio of thousands of marks, globally, and any use of any marks of WTC without the express written consent of WTC is prohibited. All other trademarks appearing on the Site are the property of their respective owners. Reference to any products, services, processes, or other information by retailer, manufacturer, supplier, or otherwise does not constitute or imply the endorsement, sponsorship, or recommendation by WTC or Fulgaz.
Contests and Sweepstakes
Links; Third-Party Websites
Linking, Crawling, and Framing
The Site and any content or resource viewed through it is available for your personal, private, and non-commercial use only. This includes, but is not limited to, information about Fulgaz’s events, virtual activities, race timings, etc. You may link only to the Site’s home page, but not to any other page or portion of the Site. You agree not to, and warrant and represent that you will not assist any third-party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Site through any method (including, without limitation, through crawling, copying, caching, or framing), unless such access is expressly permitted in a written agreement executed by Fulgaz. You may not, for instance, (a) incorporate the information, content, or other material in any database, compilation, archive, API or cache; (b) deep-link to the Site for any purpose; (c) access the Site manually or with any robot, spider, web crawler, extraction software, automated process, device, program, or algorithm to scrape, copy, or monitor any portion of the Site; (d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; or (e) attempt to gain unauthorized access to any portion or feature of the Site by hacking, password mining, or any other illegitimate means. You agree not to use the Site, or any services made available through the Site for commercial purposes and agree not to share or transfer your account login information (if any) with any third party. For avoidance of doubt, “commercial purposes” includes non-profit purposes.
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR PROVIDED OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FULGAZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FULGAZ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. FULGAZ HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH THE SITE WITHOUT PRIOR NOTICE.
Limitation of Liability
IN NO EVENT WILL FULGAZ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FULGAZ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY) ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE OR THE INTERNET GENERALLY.
Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, Fulgaz’s liability is limited to the greatest extent permitted by law.
Agreement to Arbitrate; Class Action/Class Arbitration Waiver
IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AND CLASS ACTION/CLASS ARBITRATION WAIVER PROVISIONS ABOVE, YOU MUST NOTIFY US IN WRITING BY CONTACTING FULGAZ AT THE ADDRESS BELOW WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST PURCHASE, SUBSCRIBE TO, OR REGISTER FOR THE APPLICABLE PRODUCT, OR OTHERWISE ACCESS, VISIT AND/OR USE THE SITE. YOUR WRITTEN NOTIFICATION TO FULGAZ MUST INCLUDE: (1) YOUR FULL NAME AND ADDRESS; (2) THE NAME OF THE SITE, SERVICE OR PRODUCT YOU ACCESSED, PURCHASED, SUBSCRIBED TO, REGISTERED FOR, VISITED AND/OR USED; AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE CLAIMS WITH FULGAZ THROUGH ARBITRATION AND YOU DO NOT WAIVE YOUR RIGHT TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION. YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION/CLASS ARBITRATION WAIVER WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH FULGAZ OR YOUR USE OF THE SITE, SERVICE OR PRODUCT. IF YOU HAVE PREVIOUSLY NOTIFIED FULGAZ OF YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER, YOU DO NOT NEED TO DO SO AGAIN.
Address for notices:
BIZAR MOBILE PTY LTD
c/o World Triathlon Corporation
3407 W. Dr. Martin Luther King Jr. Blvd., Suite 100
Tampa, Florida 33607
Attn: Legal Department
You hereby agree to indemnify and hold Fulgaz, its parent and affiliates, and each of their respective officers and employees harmless from each claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access or use of the Site, your violation of these Terms, your access or use of the Site or your infringement of any intellectual property, privacy, or other right of any person or entity.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fulgaz as a result of this agreement or your use of the Site. Fulgaz’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Fulgaz’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fulgaz with respect to such use.
Rights in App Granted
Subject to your compliance with these Terms, Fulgaz grants to you a limited non-exclusive, nontransferable, revocable license, with no right to sublicense, to download and install a copy of the Fulgaz mobile or tablet apps (collectively, the “App”) on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App. Except as expressly permitted in these Terms, you may not i) copy modify or create derivative works based on the App; ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; iii) reverse engineer, decompile or disassemble the App; or iv) make the functionality of the App available to multiple users through any means.
Fulgaz reserves all rights in and to the App not expressly granted to you under these Terms. You must also comply with Terms of service of all third-party App providers when using the App.
Last Updated: October 5, 2021
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