Terms of Service | GET Data Music

Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

INTRODUCTION

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

Your use of this application is subject to certain terms and conditions and rules. The terms and conditions set forth below ("Terms of Use"), as well as the “Rules” and the Privacy Policy set forth at www.getdatamusic.com apply to your use of the services and functionality provided on or through the GDM site and mobile application (the "Services").

VALIDITY OF THE GENERAL TERMS AND CONDITIONS

By registering, accessing or using the Service, this website, mobile application or other Athena S.p.A. (“Athena", "us", "we" or "our") product or service (collectively the "Platform") you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, the Privacy Policy and the “Rules” and any other applicable law. If you do not accept these Terms of Use, the “Rules” and the Privacy Policy, you are not authorized to use the Services

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.

Athena reserves the right to amend these General Terms and Conditions and the Privacy Policy at any time and such modification will be effective upon posting to the Services

Following such amendment, the continued use of Athena's offering by any registered user is subject to such user's consent to such amended terms and conditions. If you do not agree to these Terms of Use, please do not use this Platform.

At any time, the then-current version of the General Terms and Conditions is available for viewing on the www.getdatamusic.com website.

All sections of these Terms of Use, that by their nature should survive, will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability.

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:

  1. GPS
  2. Accelerometer
  3. Gyroscope
  4. Heart rate (With third parties devices)

B) The “GET on Studio” Software

The service include the following:

  1. Download the videos from your camera to PC or Mac.
  2. 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).

REGISTRATION

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 info@getdatamusic.com

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.

INTELLECTUAL PROPERTY

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.

The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, (iii) use of web scraping, web harvesting, or web data extraction methods from WM|RC even if the WM|RC account owner gives permission; and (iv) any use of the Services which is unlawful or in violation of these Terms of Use. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you. By using the Services, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age. Your use of the Services is subject, in our sole discretion, to termination at any time.

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.

You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

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.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion

INDEMNITY

You agree to defend, indemnify, and hold us, our affiliates, officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions, demands, losses, liabilities, expenses, damages, costs including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

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

To become a member of the GDM Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger

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.

LINKS

The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Athena does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Athena is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

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.

MOBILE SERVICES

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.

PRIVACY

Our Privacy Policy which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

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 info@getdatamusic.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.

You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. Terms of Use that by their nature may survive termination shall survive any termination even after your account is terminated.

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:

Warning

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

ECOMMERCE

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".

SEVERABILITY

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect

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.

MISCELLANEOUS

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. These Terms of Use constitute the entire agreement between you and Athena with regard to your use of the GDM application, and any and all other written or oral agreements or understandings previously existing between you and Athena, with respect to such use are hereby superseded and cancelled. Athena’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Athena of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Athena and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Athena may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

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