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Terms of use

AMERICA’S CUP EVENT AUTHORITY
TERMS OF USE (11-06-11)

Welcome to www.americascup.com (the “Website”). America’s Cup Event Authority LLC (“ACEA”, “us, “our” or “we”) maintains the Website as a service to its visitors, subject to these terms concerning use of the Website (“Terms of Use”).

1. Acceptance of Terms of Use

1.1 These Terms of Use apply to the entire contents of the Website as well as to any correspondence by e-mail or otherwise between us and you. Please read these Terms of Use carefully before using the Website. By accessing the Website and/or any pages thereof, and/or by clicking a box that states that you accept or agree to these terms, you signify your understanding of, and agreement with, these Terms of Use and any changes to them, regardless of whether or not you choose to register with the Supporters Club or otherwise submit any data, information or other content to us. We reserve the right to change the Terms of Use from time to time in our sole discretion. If you do not agree to and accept these Terms of Use, and any future changes or modifications to them, you do not have permission to access the Website and you should stop using the Website immediately. You acknowledge that these Terms of Use are supported by valuable consideration, the receipt and adequacy of which are hereby acknowledged, including, without limit, your use of the Website.

1.2 In addition, when using particular services on the Website, you shall be subject to any guidelines, rules and/or additional terms and conditions applicable to such services that may be posted on the Website from time to time. All such guidelines, rules and/or additional terms and conditions are hereby incorporated by reference into these Terms of Use. To the extent of any inconsistency between any provision or provisions of these Terms of Use and any other guidelines, rules and/or additional terms and conditions posted on the Website from time to time, the provision(s) of these Terms of Use shall prevail.

2. Access to the Website

2.1 In general, you can access and browse the Website without registering your details with us. In certain instances, we will request personally identifiable information from you in order that you may participate in the relevant services, activities or features on the Website. As a condition of your use of these areas of the Website, you agree to provide true, accurate, current and complete information about yourself as requested and to keep such information up to date and current at all times. We reserve the right to add other services, activities or features to the Website from time to time which are only available to users who register. By submitting a registration form, you represent and warrant that: (a) you are 18 years of age or over, or the age of majority in the state or province in which you reside, or if under 18, you have the consent of your parent or legal guardian to register and use the Website (registration is forbidden to children under 14 years of age); (b) you are registering on behalf of yourself or an entity you have identified in the registration form and you are authorized to bind that entity; (c) the information that you provide on the registration form is true, current, complete, and accurate; (d) you agree to be financially responsible for your use of, and membership of, the Supporters Club and any purchased goods and services; and (e) you will comply with these Terms of Use. You agree to update registration information as necessary to ensure that it continues to be current, complete, and accurate. We reserve the right to accept or reject member registrations for the Supporters Club.

2.2 In order to use the Website, you must provide all necessary equipment to connect to the World Wide Web, including a computer or modem or other access device, and you must pay any service and/or telephony fees associated with such access. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of and comply fully with these Terms of Use.

2.3 While we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the whole or any part of the Website is or should become unavailable at any time or for any period. In particular, but without limitation to the foregoing, access to the whole or any part of the Website may be discontinued or suspended temporarily and without notice in the case of system maintenance or repair, in the case of system failure or for other reasons beyond our control or otherwise at our absolute discretion.

3. Use and Protection of User Name and Password

3.1 Upon acceptance of a member’s registration form, we will provide you with a User Name and Password. Upon your receipt of that User Name and Password, we authorize you to access and use the areas of the Website reserved for Supporters Club members, subject to these Terms of Use.

3.2 You are responsible for maintaining the confidentiality of your User Name and Password. You agree to notify us immediately by contacting us at the address below as soon as you become aware of any breach of the confidentiality of a Password or User Name assigned to you, or any breach of security through your account.

3.3 YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE BY ANYONE USING THE PASSWORD AND USER NAME ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

4. Payments

4.1 Subscriptions. Each member of the Supporters Club may be required to pre-pay an annual subscription fee. We may grant an initial free trial in our discretion. In such cases, payment will be due when the free trial expires. Non-payment will always result in immediate cancellation of the membership.

4.2 Other Goods and Services. From time to time there may be goods or services offered which will be described on the Website for interested users. If you order such goods or Services electronically using the Website, the charges will be added to your account.

4.3 Billing Data. For purposes of purchasing a subscription to the Supporters Club and/or any other goods or services offered on the Website, you agree to provide ACEA with true, accurate and complete information (“Billing Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow ACEA to share your Billing Data with third parties solely for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Billing Data to keep it accurate. Without limiting any other provision of these Terms of Use, if you provide any information that is untrue, inaccurate, or incomplete, or ACEA has reasonable grounds to suspect that such is the case, ACEA reserves the right to suspend or terminate any and all current or future use by you of the Website.

5. Privacy

We are firmly committed to safeguarding the privacy of all visitors to the Website. Please see our Privacy Policy which is hereby incorporated by reference into these Terms of Use. A copy of our Privacy Policy is available on the Website. America’s Cup Team pages may have their own privacy policies. Please check with the America’s Cup Team pages for their private policies.

6. Use of Content

6.1 By using the Website, you acknowledge that: (a) we do not pre-screen content and, as such, we do not guarantee the accuracy, integrity, or quality of such content; (b) you will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content; (c) you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (d) under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damages or any kind incurred as a result of the use of any content.

6.2 You are permitted to view, download, and print contents from the Website subject strictly to the following conditions: (a) the content may be used solely for information purposes and for your own personal non-commercial private use; (b) the content may not be modified, adapted or altered in any way; and (c) you do not acquire any ownership rights to any content on the Website. Any unauthorized use terminates the permission or licence granted by us and shall constitute a clear and material breach by you of these Terms of Use.

6.3 The rights granted to you constitute a limited license and not a transfer of title. You may not copy, store in any medium (including, without limitation, on any other website), modify, adapt, publish, distribute by any means (including, without limitation, via any peer-to-peer network), prepare derivative works from, broadcast, communicate to the public or transmit any part of the Website or any of the contents contained in the Website or otherwise use the content for any other purpose other than as expressly permitted herein. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections that we put in place to restrict access to certain parts of the Website. Any other use requires our prior written permission. Any rights not expressly granted in these Terms of Use are reserved wholly and exclusively to us.

6.4 Without prejudice to the generality of the foregoing paragraph, the prohibitions set out therein apply without limitation to any audio recording or commentary, visual or audio-visual works (whether live, delayed or recorded), data, statistics, live racing coverage services, text commentary services, reviews, articles, trade marks, logos or photographs (or any part of any of the foregoing) that appear on the Website from time to time.

6.5 The Website can be accessed from countries around the world and may contain references to our content and services that may not be available in your country. These references do not imply that we intend to provide such content or services in your country. If applicable law prohibits such use, you are not authorized to use the Website. These Terms of Use are void where prohibited by law, and the right to access and use the Website, content and services is revoked in such jurisdictions.

7. Your Contributions

7.1 If you submit any information, content or contribution to the Website including, without limitation, any text, graphics, photo, video or audio (in each case a “Contribution”), you shall be solely responsible for your own submission and the consequences of uploading it in each case. We do not want to receive confidential or proprietary information from you through the Website, and any Contribution sent to us via the Website shall be considered non-confidential and non-proprietary. Whilst you shall retain all of your rights, if any, in any Contribution, by submitting any Contribution to the Website, you grant to us a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license to use, reproduce, modify, copy, perform, distribute and/or to incorporate such Contribution in other works for any and all commercial and/or non-commercial purposes in any media now known or hereinafter developed, free of charge, subject only to the privacy restrictions in respect of personally identifiable information which are set out in the Privacy Policy. Further, by submitting any Contribution to the Website, you represent, warrant and undertake that such Contribution: (a) is your own original work, or submitted with the express permission of the owner, or is in the public domain, and that you have the right to make it available to us for all the purposes specified above; (b) is not defamatory; and (c) does not infringe any law or the intellectual property rights or other proprietary rights of any third party. We may establish general practices and limits on the use of any service, including, but not limited to, limits on retention time, file size, and storage space for content. We shall have no liability or responsibility for the deletion or failure to store any information or content in connection with any service. If you cannot or do not wish to grant such rights to us, do not submit your Contribution to the Website.

7.2 We do not endorse any Contribution or any opinion, recommendation or advice expressed therein and we expressly disclaim any and all liability with respect to and in connection of any Contribution. We reserve the right to remove any Contribution uploaded by you and/or to suspend or to terminate your access to the whole or any part of the Website without notice if, in our opinion, any Contribution you submit to the Website infringes the intellectual property rights of any third party or otherwise does not comply with any provision of these Terms of Use, or in any way we determine is harmful to us.

8. Your Conduct

8.1 You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by us, other users of the Website and/or any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory or offensive content or disruption of normal flow of dialogue within the Website.

8.2 Without prejudice to the generality of the foregoing paragraph, you are prohibited from submitting or transmitting (whether deliberately or inadvertently) to or from the Website any content: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licenses and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party anywhere in the world; and/or (d) which is or may be technically harmful, including (without limitation) any content which contains or consists of computer viruses, spyware, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data. You must not: (i) upload, post or otherwise transmit any content that violates or infringes any patent, trademark, trade secret, copyright, contractual or proprietary right of any party; (ii) upload, post or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that interferes with or disrupts the Website or servers or networks connected to the Website; (iii) disobey any requirements, procedures, policies or regulations of networks connected to the Website, or otherwise harass another, collect or store personal data about other users, data, robots or similar data gathering and extraction tools; (iv) promote or provide instructional information about illegal activities; (v) promote physical harm or injury against any group or individual; (vi) promote any act of cruelty to animals; or (vii) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional content, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation. You also agree to not use us to engage in commercial activities without our prior written approval.

8.3 The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours and our affiliates without our express written consent. You may not use any meta tags or any other hidden text utilizing our name or trademarks without our express written consent.

8.4 You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected to have acted or to have attempted to act in breach of these Terms of Use.

8.5 We reserve the right to restrict or terminate your access to the Website at any time without notice in the event we believe you have violated the Terms of Use.

9. Links

9.1 Links from the Website. Links to third party websites on the Website or for America’s Cup Team pages are provided solely as a convenience to you. We have not necessarily reviewed all of these third party websites and pages and we do not control and are not responsible for the accuracy or availability of information, content or services provided by them. We therefore do not endorse or make any representations about them, or any content found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website or America’s Cup Team pages on the Website, you do so entirely at your own risk and subject to the terms and conditions that may be applicable to such websites.

9.2 Links to the Website. Links from third party websites to the Website may be created through plain-text links only (i.e. no logos) and provided they do not create an association with a third party brand, product or service. For other types of links to the Website, you must obtain our express written permission. We reserve the right to deny or rescind permission to link to the Website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion.

10. Intellectual Property

10.1 All intellectual property and other proprietary rights, including (without limitation) copyright, trade marks and database rights, in the Website and its contents are owned by or licensed to us, or otherwise used by us as permitted by applicable law. The America’s Cup wordmark, the America’s Cup trophy, logo(s) and emblem(s), and other ACEA-owned logos and designs are our registered trade marks in territories around the world. Furthermore, all rights in the event names, main trophies, company names, trade names, logos, product packaging and designs of ours or of America’s Cup Teams or of our official sponsors, licensees, suppliers, or other third-party products or services used or referenced on the Website, belong exclusively to ACEA or such third-party, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international laws, as applicable.

10.2 The use or misuse of these trade marks or any content, except as expressly permitted herein, and including without limitation use as a domain name or as part of a domain name, is expressly prohibited and nothing stated or implied on the Website confers on you any license or right under any patent, copyright work, trade mark, design or other right of a similar nature of ours or any third party.

10.3 Nothing stated or implied in the Website is designed to grant any license or right under any copyright or other intellectual property rights of ours or any third party or to use any names, logos, pictures, trade marks or other works or content featured on the Website. No act of downloading or otherwise copying or reproducing from the Website will transfer title to you to any software or content on the Website, unless express statements are communicated to you by us to the contrary.

10.4 All photos used on the Website are owned by or licensed to ACEA. Photos may not be reprinted or otherwise reproduced without our authorization and any requests for use of photos on the Website should be made to ACEA.

11. Notification of Copyright Infringement

11.1 We may, in appropriate circumstances and at our sole discretion, terminate the accounts of users involved in disputes regarding intellectual property rights and remove or disable access of such user to the Website. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website, you must provide our Copyright Agent with a written notice (“Notice”) containing the following elements: (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner that is alleged to have been infringed; (b) a description of the copyrighted work(s) that you claim have been infringed including the date the work(s) was created, the name of the author(s), the title of the work(s), and whether the work(s) has been registered with the United States Copyright Office. If the work(s) has been registered with the United States Copyright Office, also provide a copy of the Copyright Registration; (c) a description of the activity or the content on our Website claimed to infringe the copyright including where the content is located on the our Website; (d) information sufficient to permit us to contact you, such as your physical address, telephone number, email address, and facsimile number; (e) a statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law, and infringes upon the copyright identified; and (f) a statement by you under penalty of perjury, that the information in your Notice is accurate and, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

11.2 Notice of claims of copyright infringement should be sent to:

America’s Cup Event Authority LLC
Pier 23, Suite 100
San Francisco, California 94111
U.S.A.
E-mail: rpp@americascup.com
Attn: DMCA Agent

12. Security

The security of Internet traffic is uncertain and so, if you communicate with us by e-mail, you accept the risks of such uncertainty and the possible lack of security and threat to confidentiality which may result from any such communication.

13. Notice to Parents

We are concerned about the safety and privacy of all users of the Website, particularly children. For this reason, any parent allowing their children access to the Website should assist them in setting up any relevant accounts and supervise their use of the Website. By allowing your child access to the Website, which is designed to appeal to a wide audience, your child may be able to access parts of the Website which may now or in the future include means of private and public communication as well as other features that may not be appropriate for use by children unsupervised. Please see our Privacy Policy for more information.

14. Children Under 18

If you are under 18, you must obtain the approval of your parent or legal guardian before using the Website. By continuing to use the Website and any of the services, activities or features on the Website, you are confirming that you have received the consent of your parent or a legal guardian.

15. Disclaimers

15.1 ALTHOUGH WE WILL TAKE REASONABLE CARE TO ENSURE THAT ANY INFORMATION AND DATA ON THE WEBSITE IS UP TO DATE AT THE TIME OF PUBLICATION, IT MAY BE OR BECOME OUT OF DATE FROM TIME TO TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE THE SAME. ANY AND ALL INFORMATION AND DATA ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AMERICA’S CUP TEAM PAGES IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND NO REPRESENTATION OR GUARANTEE (INCLUDING LIABILITY TOWARDS THIRD PARTIES), EXPRESSED OR IMPLIED, IS MADE AS TO ITS ACCURACY, RELIABILITY OR COMPLETENESS. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF EXTERNAL INTERNET WEBSITES OR ANY AMERICA’S CUP TEAM PAGES THAT LINK TO THE WEBSITE OR WHICH ARE LINKED FROM IT.

15.2 YOUR USE OF THE WEBSITE, AND ANY FEEDS FROM IT OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, IS AT YOUR OWN DISCRETION AND SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WITH WHICH YOU ACCESS THE WEBSITE AS WELL AS FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR ANY FUNCTIONS, SERVICES AND FACILITIES CONTAINED OR PROVIDED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, BUGS, SPYWARE OR SIMILAR FLAWS.

15.3 THE WEBSITE, AND ANY FEEDS FROM IT, INCLUDING, WITHOUT LIMITATION, THE AMERICA’S CUP TEAM PAGES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED TERM OF ACCURACY, COMPATIBILITY, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY TERM AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS. CERTAIN CONTENT PURCHASED OR ORDERED FROM US ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.

15.4 IN NO EVENT SHALL WE BE IN ANY WAY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, CONNECTIVITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER ARISING IN ANY WAY OUT OF, FROM, OR IN CONNECTION WITH, THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, DATA OR CONTENT CONTAINED ON OR OBTAINED FROM THE WEBSITE, OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE AMERICA’S CUP TEAM PAGES, WHETHER ARISING IN AN ACTION IN CONTRACT, NEGLIGENCE, OTHER TORT ACTION, OR ON ANY THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGOTIATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

15.6 NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FRAUD OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15.7 YOU ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THESE TERMS OF USE IS A MATERIAL CONSIDERATION FOR US ENTERING INTO THIS AGREEMENT WITH YOU.

16. Indemnity

As a condition of your access to and use of the Website, you hereby expressly agree to indemnify and hold us and our subsidiaries, affiliates, licensors, licensees, shareholders, officers, agents, employees and other partners harmless from and against any and all liabilities, losses, damages, claims, penalties, fines, costs, awards and expenses (including, without limitation, reasonable legal fees and costs) arising from, related to or in connection with: (a) any transaction or dispute between you and any third party; (b) unauthorized access to the Website through your account; (c) a breach of any of your representations, warranties, or covenants under the Terms of Use; (d) a request by you for us to remove or disable access to any content in or on the Website; (e) content you submit, post, transmit or make available through us; (f) your use of the Website; or (g) your violation(s) of these Terms of Use. You shall not enter into a settlement of the foregoing nor incur expenses and fees in defending the above claims, actions, or allegations without our prior written approval.

17. Termination

17.1 If you breach any of the Terms of Use, your authorization to use the Website automatically terminates and you must immediately destroy materials downloaded, received by email or printed from the Website.

17.2 We reserve the right at all times, in our absolute discretion and without prior notice to you, to terminate your account, password and/or your use of the whole or any part of the Website, for any reason, including (without limitation) for lack of use or if we believe that you have breached or otherwise not complied with any provision of these Terms of Use. You agree that we shall not be liable to you or any third party in any way for any termination of your access to the Website. We may also in our absolute discretion and at any time discontinue providing the whole or any part of the Website, with or without notice.

18. Changes to these Terms of Use

These Terms of Use were last updated on the 30th of June 2011. We reserve the right to change the Terms of Use at any time without notice to you. Any changes in the future will be posted to the Website. You are responsible for checking this page periodically in order to review the current version of the Terms of Use. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. Each time you visit the Website, you agree and acknowledge that you are agreeing to abide by the then current Terms of Use that are posted. Your continued use of the Website following any changes shall constitute your acceptance to the updated Terms of Use as amended.

19. Force Majeure

We will not be liable in any amount for failure to perform if such failure is beyond our reasonable control including, without limitation, outages of the Internet or connections thereto, communications outages, labor shortage, earthquake, fire, flood, war, or act of God, or any acts of governmental bodies or authorities.

20. Remedies

20.1 You agree that our remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

20.2 No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, and attorneys’ fees and expenses.

21. Governing Law and Jurisdiction

The Website (excluding linked sites) is controlled by us from our offices within the State of California in the United States of America. By accessing the Website, you agree that the statutes and laws of the State of California without regard to the conflicts of laws principles thereof shall govern all matters relating to your access to, or use of, the Website and any content or services. You also irrevocably agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the city and county of San Francisco, California with respect to such matters. You consent to extraterritorial service of process. We make no representation that any content, products or service available on the Website are appropriate or available for use in other locations, and accessing them from jurisdictions where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with all local laws.

22. Miscellaneous

22.1 No failure or delay on the our part to exercise or enforce any of our rights under these Terms of Use shall act as or constitute a waiver of such rights.

22.2 In the event that a portion of these Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of these Terms of Use or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. You agree that there are no third party beneficiaries to these Terms of Use.

22.3 You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

22.4 These Terms of Use have been drafted in the English language. In the case of any conflict or ambiguity between the English version of these Terms of Use and any translation of them into any other language, the English version of these Terms of Use will prevail.

23. Entire Agreement

These Terms of Use constitute the entire agreement between you and us with respect to the Website and supersede all prior agreements or previous discussions (written or oral) between you and us.

24. Contacting Us

You can contact us by emailing us at info@americascup.com or by writing to us at the following address:

America’s Cup Event Authority LLC
Pier 23, Suite 100
San Francisco, California 94111
USA

© Copyright 2011 – America’s Cup Event Authority LLC. All rights reserved.