Terms and Conditions
Last Updated: November 20, 2024
1. Introduction and Acceptance of Terms
1.1 These Terms and Conditions ("Terms") govern your access to and use of Gym Art Meets, Gym Art, and Judge's Companion (collectively, the "Applications") operated by Gym Art Inc. ("we," "us," or "our").
1.2 By accessing or using any of the Applications, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Applications.
2. Definitions
2.1 "Applications" refer collectively to Gym Art Meets, Gym Art, and Judge's Companion.
2.2 "User" means any individual who accesses or uses the Applications.
2.3 "Organizer" refers to any User who creates an event using Gym Art Meets.
2.4 "Gymnast" means a participant in any event organized through Gym Art Meets.
2.5 "Judge" refers to a User who evaluates performances using Judge's Companion.
2.6 "Parent/Guardian" means the legal parent or guardian of a minor Gymnast.
2.7 "Content" includes all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, or transmitted through the Applications.
3. Eligibility
3.1 Age Requirement
- Users must be at least 13 years old to use the Applications.
- Users under the age of majority in their jurisdiction must have verifiable consent from a Parent/Guardian.
3.2 Parental Consent
- Organizers must obtain verifiable parental consent for Gymnasts under the age of majority.
3.3 Compliance
- By using the Applications, you represent and warrant that you meet all the requirements listed and that you agree to comply with these Terms.
4. User Accounts
4.1 Account Creation
- To access certain features, you may need to create an account by providing accurate and complete information.
4.2 Account Security
- You are responsible for maintaining the confidentiality of your account login information.
- You agree to notify us immediately of any unauthorized use of your account.
4.3 Account Responsibility
- You are responsible for all activities that occur under your account.
5. Media Consent and Content Responsibility
5.1 Media Consent Forms
- 5.1.1 Upon creating an event, Organizers must obtain a signed media consent form from the Parent/Guardian of each minor Gymnast whose scores and videos will be uploaded.
- 5.1.2 Organizers must provide copies of these consent forms to Gym Art Inc. upon request.
5.2 Content Uploading
- Organizers are responsible for ensuring that all Content uploaded complies with applicable laws, including those regarding minors and internet safety.
5.3 Inappropriate Distribution
- Gym Art Inc. is not responsible for any inappropriate distribution of Content by Organizers or third parties.
5.4 Removal of Content
- 5.4.1 If a Parent/Guardian requests the removal of their child's Content, the Organizer must promptly remove the Content from all platforms where it has been uploaded.
- 5.4.2 Gym Art Inc. reserves the right to remove any Content that violates these Terms or applicable laws.
6. User Conduct
- 6.1 Prohibited Activities
- Users agree not to engage in any of the following prohibited activities:
- Uploading Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Uploading or transmitting any Content that you do not have a right to make available under any law or contractual or fiduciary relationships.
- 6.2 Compliance with Laws
- Users agree to comply with all applicable federal, provincial, state, and local laws, including but not limited to laws regarding minors, privacy, and internet safety in Canada and the United States.
7. Intellectual Property Rights
7.1 Ownership
- All Content and materials within the Applications, including but not limited to text, graphics, logos, and software, are the intellectual property of Gym Art Inc. and are protected by applicable copyright, trademark, and other intellectual property laws.
7.2 License
- Gym Art Inc. grants Users a limited, non-exclusive, non-transferable license to access and use the Applications for personal or internal business purposes.
7.3 Restrictions
- Users may not modify, reproduce, distribute, create derivative works of, publicly display, or exploit any part of the Applications without prior written consent from Gym Art Inc.
8. Privacy Policy
8.1 Incorporation by Reference
- Our Privacy Policy is incorporated into these Terms by reference.
8.2 Data Collection
- By using the Applications, you consent to the collection and use of personal information as outlined in the Privacy Policy.
9. Limitation of Liability
9.1 No Warranty
- The Applications are provided on an "as is" and "as available" basis without warranties of any kind.
9.2 Limitation
- To the maximum extent permitted by law, Gym Art Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Applications.
9.3 Application Functionality
- Gym Art Inc. does not warrant that the Applications will be uninterrupted, secure, or error-free.
10. Indemnification
10.1 User's Agreement
- You agree to indemnify, defend, and hold harmless Gym Art Inc., its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your access to or use of the Applications.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property or privacy rights.
11. Termination
11.1 By Gym Art Inc.
- We reserve the right to suspend or terminate your account or access to the Applications at any time, with or without cause or notice.
11.2 By User
- You may terminate your account at any time by following the instructions within the Applications.
11.3 Effect of Termination
- Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
12. Changes to the Terms
12.1 Modification
- We may revise these Terms from time to time at our sole discretion.
12.2 Notice
- If we make material changes, we will notify you by updating the date at the top of these Terms and, where appropriate, provide additional notice.
12.3 Acceptance of Changes
- By continuing to access or use the Applications after revisions become effective, you agree to be bound by the revised Terms.
13. Governing Law
13.1 Jurisdiction
- These Terms are governed by and construed in accordance with the laws of the Province of [Insert Province], Canada, and the federal laws of Canada applicable therein.
13.2 Dispute Resolution
- Any disputes arising out of or relating to these Terms or the Applications shall be resolved in the provincial or federal courts located within Quebec, Canada, and you consent to the jurisdiction of such courts.
14. Severability
14.1 Invalid Provisions
- If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
15.1 Integration
- These Terms, along with the Privacy Policy, constitute the entire agreement between you and Gym Art Inc. regarding the use of the Applications and supersede all prior agreements.
16. No Waiver
- 16.1 Failure to Enforce
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
17. Assignment
17.1 Transfer of Rights
You may not assign any of your rights under these Terms without our prior written consent.
18. Third-Party Links and Services
18.1 External Resources
The Applications may contain links to third-party websites or services that are not owned or controlled by Gym Art Inc.
18.2 No Responsibility
- Gym Art Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
19. Child Protection
19.1 Compliance with Laws
- We comply with all applicable laws regarding the protection of minors, including the Children's Online Privacy Protection Act (COPPA) in the United States.
19.2 Parental Controls
- Parents or guardians who believe that their child has provided us with personal information without their consent should contact us immediately.
20. Contact Information
20.1 How to Reach Us
- If you have any questions about these Terms or the Applications, please contact us at: info@gymart.org