3. SORRY KIDS
Parts of this Website, and some offers that are made on this Website, may not be available to, or suitable for, children under 18. Please ensure that you make yourself aware of such restrictions.
4. SITE FEATURES
(a) General Information. Our Website is primarily meant to provide you with information about IMG events and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website. You should independently check the information that you receive from the Website (including any event information) is correct.
(b) Your Submissions. Our Website may provide areas where you are able to interact with us, such as in requesting to participate in an event or receive information.
We do not guarantee any confidentiality or anonymity with respect to any information you provide to us.
By submitting information, photos or other materials to us through the Website or via email, you expressly: 1) give us permission to use such materials in any media worldwide and in perpetuity, for any purpose; and 2) represent and warrant that you are the owner of such materials and have the right to permit us to use them for any purpose.
You may register an account with this Website only if your account has not previously been withdrawn or suspended by us. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorized access to your profile. You agree to accept responsibility for all activities that occur under your account name and so should take all necessary steps to ensure that your username and password are both kept confidential and secure. We ask that you please inform IMG immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being used, or are likely to be used, in an unauthorized manner.
(d) Payment: IMG will notify all users of any fees that may apply to the participation in any event or other activity offered on the Website. These will be displayed on the Website. There may be fees and taxes that are added to the prices in some countries. Taxes are calculated based on the billing information that you provide IMG at the time of purchase and fees may be subject to foreign exchange fees or differences in prices based on location. Failure to pay these fees will result in the immediate termination of your application for the event or activity you requested.
Please note that you are not entitled to a refund unless the event terms specifically permit a refund or where IMG is required to do so by law.
You can request an email with a copy of your invoice through the Website.
(f) To fulfill IMG’s obligations to you under these Terms, IMG may it if wishes communicate with you by email and/or by posting notices on the Website. You agree to receive communications from IMG electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
(a) The Website and all information, images, photographs and other content displayed on the Website (“Materials”), including all associated intellectual property rights are either owned by IMG or are licensed for use by IMG from their respective owners or licensors. We expressly reserve all rights, in and to the Website and the Materials and your use of the Website and the Materials is subject to the restrictions set out in this clause.
You may only view, print out and use the Website and the Materials for your own personal, non-commercial use.
You must not:
• remove any copyright or other proprietary notices contained in the Materials;
• use any Materials from our Website in any manner that may infringe any of our rights or the rights of a third party; or
• reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.
Use of the Materials for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights. IMG, and the noted owners and licensors, reserve the right to exercise all rights and remedies available in respect of any infringement of rights in the Website or the Materials that are accessible on it.
(b) You retain ownership rights in anything you submit to us through our Website or by email. However, when you submit materials to us (e.g. information, photos, videos or other materials), you grant us an irrevocable, royalty free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted and allow others to do the same for any purpose including, without limitation, commercial purposes. You agree that you will not receive any compensation whatsoever for any such usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us including, without limitation, claim(s) based on invasion of privacy, copyright infringement, any violation of your rights, or defamation.
6. RESTRICTIONS ON USE
(a) IMG does not guarantee the availability of the Website (including any event page) at any particular time. If for any reason any part of the Website is not capable of running as planned for any reason (including infection by computer virus, tampering, unauthorized intervention, fraud, network, server, or other technical failures), IMG has the right to discontinue the Website, or any part of it.
(b) You agree to indemnify, hold harmless and defend IMG against any liability, loss, damage, costs and expense of whatsoever nature (including legal fees) incurred or suffered by IMG or by any third party (whether a user of this Website or otherwise) arising out of or related to:
(i) your use of the Website;
(ii) your participation in any event, as more specifically set out in the terms of each event; or
(iii) any content on the Website.
(i) use the Website or its content for any illegal purpose;
(ii) attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
(iii) modify or attempt to modify or in any way tamper with Website;
(iv) use the Website or any of any of its content in a way that may infringe upon the intellectual property other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; or
(v) interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
Participation in some events may require a certain standard of medical fitness or a waiver in relation to participation. Fulfilling these requirements.is a pre-condition to attending or participating, and determining such requirements (and your fulfilment of the requirements) will be determined by IMG for each event in its complete discretion.
9. YOUR LIABILITY TO US.
If anyone brings a claim against us related to your actions or use of the Website or any materials submitted by you through the Website, by email or otherwise, you agree to compensate us for all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claim.
(a) You acknowledge that we cannot guarantee that our Website will:
stay the same as we might change or remove it or make access to it subject to registration or charges;
be compatible with all or any hardware or software which you may use;
be available all the time or at any specific time;
be accurate and up to date; or
be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
(b) You also acknowledge that:
we cannot guarantee the speed or security of the Website; and
we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
11. LIMITATION OF LIABILITY
(a) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any Materials on it, whether express or implied.
We are only liable to you in connection with your use of our Website for losses which you suffer as a direct result of our breach of these Terms and Conditions. We shall not be liable for any indirect, special, incidental or consequential damage or loss or for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
(b) IMG is not liable for any Materials posted by other users and which are available on the Website. In the event that you believe such Materials infringe any Rights, or are illegal, then you should contact us [as explained above] so that we may investigate.
We do not exclude our liability (if any) to you for:
Personal injury or death resulting from our negligence;
Fraud or Fraudulent misrepresentation; or
Any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
IMG® is a trademark of IMG Ltd., IMG’s parent company and may not be used in connection with any other product or service, nor in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits IMG.