The GET Data Music (“GDM”) mobile and website application is an online mechanism for tracking, managing and sharing all of your sport activities. It is provided to you by Athena S.p.A., in connection with our partners, service providers, sponsors or other affiliates. More details regarding the mode of operation of the service will be explained on the APP and on the website www.getdatamusic.com
VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these General Terms and Conditions.
These General Terms and Conditions shall apply to all points of access ([sub-]domains, mobile access) regarding GDM’s offering of products and services. In particular, the GDM online offering will be accessible via www.getdatamusic.com.
At any time, the then-current version of the General Terms and Conditions is available for viewing on the www.getdatamusic.com website.
Solely the English version of these General Terms and conditions is binding
SUBJECT OF THE AGREEMENT
Currently, GDM essentially offers its users the following applications and information in English.
A) The APP “GET on”
The service is an add-on device for your GoPro® which, together with your smartphone, allows you to add to your video your favorite music or data, obtained by external sensors such as:
- Heart rate (With third parties devices)
B) The “GET on Studio” Software
The service include the following:
- Download the videos from your camera to PC or Mac.
- Edit The software will automatically synchronize data and video. The edited video is now ready to be shared.
RACING AND STREET USE ACTIVITY NOTICE- LIABILITY DISCLAIMER
IN NO EVENT THE USE OF THE APPLICATION SHALL BE CONSIDER A FORM OF PROMOTION OF MOTOR RACES. WE DO NOT PROMOTE ANY MOTOR/BIKE RACES AND ADVISE NOT TO ORGANIZE AND PLAY ILLEGAL RACES.
WE SUGGEST YOU TO CONSIDER THE RISKS INVOLVED BEFORE ENGAGING IN ANY USAGE OF THE APP. Athena IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES OF THE PLATFORM.
IN NO CIRCUMSTANCES AND SITUATIONS OF USING THE APP AND/OR PARTICIPATING IN THE INTERNATIONAL LAP TIME CHAMPIONSHIPS SHALL WE BE LIABLE FOR ANY MOTOR OR BIKE RACE ACCIDENT OR SMASH-UP YOU COULD MAKE DURING THE USE OF THE APPLICATION.
BY USING THE SERVICES YOU EXPRESSLY REPRESENT AND WARRANT TO ASSUME FULL RESPONSIBILITY WITH REGARD YOUR MOTOR RACING AND ACCELERATION AND BRAKING CONTEST ACTIVITIES AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR USE OF YOUR VEHICLES.
IN CONNECTION WITH USING YOUR MOTOR VEHICLES YOU AFFIRM, REPRESENT, AND/OR WARRANT THAT YOU OWN OR HAVE ALL THE NECESSARY LICENSES, RIGHTS, CONSENTS, LEGAL AGE, AND PERMISSIONS TO USE THEM (I.E. DRIVE LICENSE; VEHICLE REGISTRATION IN GOOD STANDING).
In order to be able to use the online portal of GDM and the app, a one-time, free registration is required.
Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with GDM. Minors may only register with GDM subject to the explicit consent of their parents or legal guardians. A written consent shall be sent by email to firstname.lastname@example.org
Each user shall register with GDM only once and confirms with its registration that it has not registered with GDM before and has not deleted a previously activated user account.
In principle, different ways of registration exist:
Registration by use of the registration form.
Adoption of registration details from the app "GET on".
The registration with WM|RC begins with a registration form. The user shall provide the details requested on such forms (e.g., username, email and password) completely and correctly, unless such details are marked as voluntary.
Registration requires the confirmation of the email address.
If the registration has not been completed (e.g., as a result of missing personal details or the lack of consent to these General Terms and Conditions), users can not access our services.
We reserve the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
Athena is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. In this connection, the user shall observe the recommendations regarding the sharing of personal details.
All intellectual property on the Platform (except for User Generated Content) is owned by Athena or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/ or licensed by Athena. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the Italy and other copyright laws and is the proprietary property of Athena; All rights reserved.
PLATFORM USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase Athena services and products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without Athena's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public.
USER GENERATED CONTENT
“User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by Athena.
The Services may now or in the future include functionality to permit the submission of Content at the direction of users of the Services ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) post personal information; (vii) collect or solicit personal information from other Platform users or send unsolicited emails or other communications; (viii) collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes; (ix) post material that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming”; (x) take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform or (xi) post material that contains software viruses, programs or other computer code.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
We, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including the user content), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability.
Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the services and the content at your own risk.
We make no warranty that the services will be available error free or that the services or the content are free of computer viruses or similar contamination or destructive features. if your use of the services or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
The services and content are provided on an "as is" and "as available" basis without any warranties of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non infringement of third parties' rights, and fitness for particular purpose.
In no event shall we be liable for any damages (including, without limitation, direct, special, incidental, indirect or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the services, the Platform and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if a we have been advised of the possibility of such damages. You assume total responsibility for your use of the platform. Your only remedy against Athena for use of the platform or any content is to stop using the platform.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.
ELIGIBILITY AND REGISTRATION
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. GDM is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Athena's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. Athena is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Athena is under no obligation to become involved with any user dispute, but may do so at its own discretion.
TERMINATION AND CANCELLATION
Each user shall have the right to terminate the use of GDM's online platform at any time via its account settings. Such termination shall be confirmed once. There are no refunds for any fees paid. You are responsible for terminating your account and this agreement and we are not responsible for your failure to properly terminate your service and this agreement nor for any credit card charges and fees you incur as a result of your failure to properly terminate your service and this agreement.
As a result of the termination of use or cancellation, all personal details (user account), provided by the user upon registration, shall be deactivated. Any details made public by the user (e.g., routes, notes on other users' walls) will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
In the event of termination of the use of the GDM platform, upon request of the user, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to email@example.com, which shall include the email address provided to Athena
Athena reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We shall have no liability to you or any third party because of such termination or action.
Athena also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform.
In order to ensure the proper and reliable provision of services, Athena shall undertake or cause the undertaking of the following sanctions and consequences upon breach obligations by a user.
The type of sanction shall depend on the purpose, impact and type of the breach in light of Athena's and the user's interests. The following sanctions shall be possible:
Deletion of content
Temporary deactivation of user account
Cancellation (irrevocable deactivation)
In the event a user account shall be cancelled, the respective user shall not be permitted to register again with the GDM
You can buy on the website www.getdatamusic.com the backpack.
You can read the terms and conditions governing the sales and the contract in the section named "Online Sales Terms and Conditions".
GOVERNING LAW AND JURISDICTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Italy without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the Court of Vicenza/Italy and waive any objection to such jurisdiction or venue.
The preceding provision regarding Jurisdiction and Venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
By using the Platform, you agree to receive certain electronic communications from Athena. You agree that any notice, agreement, disclosure or other communication that Athena sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last update, 11 January, 2016