Terms Of Use Agreement

THE FOLLOWING DESCRIBES THE TERM OF USE AGREEMENT ON WHICH SPORTSIM OFFERS YOU ACCESS TO OUR WEB SITE SERVICES.

Welcome to this web site service Terms Of Use Agreement ("Agreement") for the entity Sportsim AS ("Sportsim"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.sportsim.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

If you have any questions, please refer to our help section or e-mail us.

You must read, agree with and accept all of the terms and conditions contained in this Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a licensed software user or a community member of Sportsim.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Sportsim. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on June 1st, 2007 for all users of the Site.

User Eligibility

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Your Sportsim account may not be transferred or sold to another party. If you are registering as a business or organization entity, you represent that you have the authority to bind the entity to this Agreement.

Software Available On The Site

Any software ("Software") that is made available to download from the Site is the copyrighted work of Sportsim and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement ("License Agreement"), if any, which accompanies or is included with the Software. An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless she or he first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users computer according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SPORTSIM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, SPORTSIM MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SPORTSIM DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN SPORTSIM SOFTWARE PRODUCTS.

Fees and Fees Policy

Joining the community and using the Software is free. We do not charge any fees. We may change our Fees Policy or the Fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees Policy and the Fees for our services for promotional events, and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

Identity Verification

We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Sportsim cannot and does not confirm each user's purported identity.

Release

Because we are a venue, in the event that you have a dispute with one or more Sportsim users, you release Sportsim (and our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and un-suspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Control

We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false identity. By using this Site, you agree to accept such risks and Sportsim is not responsible for the acts or omissions of users on the Site.

Your Personal Information

When you start to use any of the Sportsim services you oblige to register a minimum level of your personal information. This is defined as any information you provide to us or other users in the registration or in any public message or data sharing area or through any email feature. You are solely responsible for your entire published personal information, and we act as a passive conduit for your online distribution and publication of your personal information.

License

Solely to enable Sportsim to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) to data you share either in media, text, or uploaded activity information (GPS tracks, photos, maps, waypoints, heart rate data, and other related activity information).

Access and Interference

Sportsim and its users update the information on the Site on a real time basis. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Sportsim; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

Breach

Without limiting other remedies, we may limit your activity, immediately remove any of your Site information, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

No Warranty

SPORTSIM AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SPORTSIM AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limit

IN NO EVENT SHALL SPORTSIM OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $0.1.

Indemnity

You agree to indemnify and hold Sportsim, and (as applicable) our parent, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services.

Resolution of Disputes

In the event a dispute arises between you and Sportsim, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Sportsim agree that any claim or controversy at law or equity that arises out of this Agreement or our services shall be resolved in accordance with one of the sections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Court

Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Oslo, Norway. You and Sportsim agree to submit to the personal jurisdiction of the courts located within Oslo, Norway.

General

This Agreement shall be governed in all respects by the laws of Norway. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Disclosures

The services hereunder are offered by Sportsim, located at Sagveien 23 C, N-0459, NORWAY. Disputes between you and Sportsim regarding our services may be reported to Customer Support.

Special Notice On Community Services

Using the public chat, help and discussion boards on Sportsim can be informative, helpful and entertaining. People receive support, learn about Sportsim and their collecting interests, and meet new friends on the boards and the activity event pages. When members abide by the principles found in this section, the boards are a positive and enjoyable experience for all members.

By following the rules listed below, the entire community will continue to find the boards helpful, educational and an enjoyable place to meet and converse with other members. Courteous and respectful postings are expected from all participants. Messages posted to the Sportsim chat, help or discussion boards by Sportsim community members are solely the opinion and responsibility of the person posting the message. Sportsim is not responsible for messages left by Sportsim members. You are responsible for your own posts.

Grounds for Immediate Post Removal and/or Sportsim Suspension

The following types of postings are cause for immediate post removal, warning, board sanction and/or suspension from the Site. Other inappropriate postings not listed below may also warrant removal and/or suspension from the site. Sportsim reserves the right to remove any post without warning or further notice.

* Posting contact information about another individual.
* Posting material containing profanity, vulgarity, hate speech, or threats of violence.
* Posting material (graphic or text) that is obscene, pornographic or adult in nature.
* Using JavaScript, active or other coding, making repetitive posts, or other actions that interfere with site operations.
* Posting material with the intent to impersonate Sportsim personnel or another member through the use of similar member IDs or any other method or device.
* Encouraging others to violate Sportsim policies or this Agreement.
* Refusing to follow Sportsim staff instruction or direction.
* Posting private emails.
* Posting material that in any way violates this Agreement.
* In the title of a threaded discussion: Posting member ID's in a derogatory manner, posting URLs, or web sites.
* Reporters and third party representatives need special written Sportsim permission to post or email members in their official capacity.
* Posting copyrighted items without the permission of the copyright owner.


Notes:

Sportsim may sanction members from the boards without suspending them from the Site. Sportsim may suspend any member from the boards and from the Site who has been previously warned of board policy violations, though we reserve the right to suspend a member immediately depending on the violation. Sanctions / suspensions may range from one day to indefinite. A sanction or suspension of one ID will apply to all IDs of that member and may, at our discretion, apply to members of the same household. The use of false registration information or creating multiple accounts for use on Sportsim's boards for the purpose of disruption or to avoid detection may result in permanent sanction or suspension of all associated registrations. All warnings and suspensions are in accordance with the guidelines set out in this Agreement.

Last revised June 1st, 2007.

Privacy Policy

This privacy policy is designed to assist you in understanding how Sportsim uses and safeguards Information and resources you provide in using Sportsim Software and Services.

Explanation of Service

Sportsim provides the Sportsim Software ("Software") and manages operations of the Sportsim Services ("Services"). Sportsim Software is provided to all users for free but some services may require registration in order to function. Through these services, you can register to become a user of the Sportsim Services and communicate with other Sportsim users through a community service that includes; on-line racing, on-line activities, on-line forums, incorporated map request services, and any shareable file format and/or other forms of communication. From time to time, new services may be added which improve, modify or extend the functionality of the Sportsim Services.

Use of Information

SPORTSIM DOES NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER ANY PERSONAL INFORMATION COLLECTED THROUGH SPORTSIM SOFTWARE OR SERVICE TO ANY THIRD PARTY OUTSIDE THE SPORTSIM NETWORK. SPORTSIM MAY, HOWEVER, ENGAGE A THIRD PARTY IN ORDER TO CARRY OUT SPORTSIM'S COMMUNICATION AND/OR MARKETING, STRICTLY ON SPORTSIM'S BEHALF AND UNDER SPORTSIM'S RESPONSIBILITY. SPORTSIM WILL TREAT ANY INFORMATION YOU PROVIDE TO SPORTSIM AS CONFIDENTIAL INFORMATION AND WILL NOT DISCLOSE IT TO ANY THIRD PARTY OUTSIDE THE SPORTSIM NETWORK. SPORTSIM WILL PROVIDE INFORMATION COLLECTED THROUGH THE NETWORK TO OTHER USERS IN THE NETWORK ONLY WITH YOUR EXPLICIT PERMISSION AS GRANTED BY YOU THROUGH APPLICABLE SETTINGS AVAILABLE IN THE SOFTWARE. THIS INFORMATION IS GENERALLY NOT STORED BY SPORTSIM AT ALL AND IS INSTEAD VOLUNTARILY SHARED BY USERS TO AND FROM OTHER USERS IN THE NETWORK.

In the event that Sportsim and/or its units or subsidiaries are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, Sportsim reserves the right to transfer its user databases together with any personally identifiable information contained therein, to a third-party acquiring Sportsim's assets. In the event Sportsim does so, it will place a prominent notice of the sale on the homepage of its corporate website, with links to information as to how you can change your privacy preferences.

When you use the Sportsim Services and Software you provide two types of Information: (1) "Personal Information" you actively choose to disclose to Sportsim, and (2) information that you share or communicate with other Sportsim Software and Services users ("User Information").

Personal information includes information which is required in order for the Sportsim Software to verify your identity and provide you with the Sportsim Services. This includes your full name and e-mail. This information is stored centrally by Sportsim.

The Sportsim website may also contain feedback forms and/or message boards where feedback can be reported directly to Sportsim employees. Any and all information which is voluntarily submitted are used for the purposes of reviewing this feedback and improving the Sportsim Software and Services. Sportsim reserves the right to utilize this information for marketing purposes, for instance by displaying selected comments on its website or in other communications. If Sportsim chooses to display a user-submitted comment it will either display it anonymously, stripping away all personally identifiable information, or request permission directly from you before displaying it. From time to time, Sportsim may send you surveys or solicit your feedback. Sportsim uses surveys to gauge user interest in new products, services, and premiums it may offer. Sportsim will use the information it gathers to improve its sites and provide a more meaningful experience for its users. Sportsim may also use the information to alert you to offers and products of Sportsim in which you have expressed an interest.

User Information may be required by certain Sportsim Services in order for the Sportsim Software to function as intended and, if so desired, for other users of the Sportsim Software to communicate with you. User Information may also include your current on-line status and your computer ID number.

Passive Information is limited to information that is necessary in order to provide you with the desired functionality of the Sportsim Software and may include a session ID token, source and destination addressing information, and the version of the Sportsim Software you are using. Passive Information is automatically generated and is not stored centrally, except for anonymously aggregated statistical information used to provide you with better service or statistical information used solely for the purposes of detecting fraud or to block access to Sportsim Services according to the terms set out in the End User License Agreement.

No Content of Communications Collected No information concerning your computing facilities is collected that is not related to providing Sportsim Services, including other installed software systems, non-service-related content, or hardware peripherals. No information about your specific computing facilities will be provided to any third party unless required by the End User License Agreement with which you've registered.

No Provision of Information to Third Parties Without Your Permission Sportsim will not sell, rent, lease or otherwise provide Active Information to any third party - with the exception of a third party it has hired to carry out its communications and/or marketing, as set forth above - unless required by the End User License Agreement for Services with which you've registered.

Software resource use

During the course of using Sportsim Software, disk space, bandwidth and processing power may be utilized to provide the Sportsim Services to you and to communicate with other Sportsim users.

Protection of Your Data, Information, and Resources

Sportsim uses secure technology to protect the data on your computer, any information you provide to us, and to protect the use of your computer resources. The data contained in your profile is protected and can only be shared to other users if you chose to make such information public. Passive Information you provide is stored only temporarily on secure databases and only in anonymous aggregate form unless required to provide billing information to credit subscribers or to verify the integrity of your identity by Sportsim Software or to comply with local laws or regulations. Any third party through Sportsim Software cannot access your computer resources.

Software Installation

Sportsim Software is installed on computers with an installer downloaded from www.sportsim.com or in combination with other software or web sites. Sportsim Services may also be provided through other applications that utilize the Sportsim Software. These applications are required to display the Sportsim End User License Agreement before the Software is installed. You can remove the Sportsim Software from the standard Windows Control Panel at any time.

Software Updates

The Sportsim Software could contain update functionality. This enables the Sportsim Software to determine that there is a newer version available, which has improved or new functionality and/or bug fixes. You will be asked for your permission before an update is performed unless you have specifically authorized Sportsim to automatically update the Sportsim Software without notification. The Sportsim Software may however update non-program files from time to time without asking you. These updates are only used to update file indices, configurations and other non-critical objects. These updates only pertains to executable files.

Children

No part of the Sportsim Software or Services is directed to children. We will never knowingly collect information from users under the age of 13.

Risks and Disclaimers

Please be careful and responsible whenever you're on-line. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your personal Information, Sportsim cannot ensure or warrant the security of any Information you transmit to us except for information specifically covered by Sportsim's End User License Agreement, Privacy Policy, or Terms of Use. The use of Sportsim Software and Services is done at your own risk.

Contact Information

For more Information, please contact us under Contact.

Last revised June 1st 2007.