Presta Sports License Agreement
Last update: April 22, 2022
THIS IS A LEGAL AGREEMENT BETWEEN USERS OF PRESTA SPORTS PRODUCTS AND PRESTA SPORTS. PLEASE READ THIS DOCUMENT CAREFULLY.
Presta Sports, LLC (“Presta Sports”) provides online applications and related products and services for virtual sports and social interactions. These products and services are known collectively as the (“Products”). By registering as a user of the Products (a “User”), or by accessing or using any of the Products in any way, you accept and agree to be bound by this License Agreement (“Agreement”). This Agreement is binding between you and Presta Sports. If you do not wish to be bound by this Agreement, do not access or use any of the Products.
Special attention should be given to section 24 where users give up their rights to participate in class action proceedings against Presta Sports.
Presta Sports reserves the right to modify, suspend or discontinue the Products or support of the Products at any time, and at our sole discretion, without notice or liability. You are responsible for providing your own access to the Products including exercise hardware, computers, mobile devices, Internet connections and any other required hardware or software. You agree that Presta Sports has no obligation to provide technical support, maintain, improve or change the Products, or provide any other support relating to the Products.
Presta Sports may modify this Agreement at any time at our sole discretion and without your advance consent. The new Agreement will be effective immediately upon posting of the revised Agreement on our website or in the Products. The terms of this Agreement will govern any upgrades to the Products that replace or improve the original Products. You agree that this Agreement is solely between you and Presta Sports. Whenever we update the Agreement, it is important that you review it before you use the Products. After we have posted an updated Agreement, if you continue to use the Products, you are agreeing to be bound by the updated Agreement. If you do not agree to be bound by the updated Agreement then you may not continue to use the Products.
1. LICENSE. Subject to your compliance with this Agreement and for as long as you are permitted by us to use and access the Products, Presta Sports grants you a limited, revocable, terminable, non-transferable, non-exclusive, non-sublicensable and non-assignable license to use and access the Products for your own personal, non-commercial, home use. This license will remain in effect unless and until you violate this Agreement or this license is terminated by you or by Presta Sports. The Products are licensed, not sold.
2. RESTRICTIONS. You may not:
- rent, lease, sell, lend, transfer, sublicense, reproduce, redistribute, create derivative works from, decompile, reverse engineer, modify or disassemble the Products.
use any profile information or image that violates any third party rights, is against the law, or that is in Presta Sport’s sole discretion offensive, obscene or otherwise objectionable.
allow another person, including any other User, to use your account.
provide to Presta Sports, or for use with any of the Products, any information that is untrue, inaccurate or incomplete.
make the functionality of the Products available to multiple persons, including other Users through any means.
use the Products for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement.
take any actions to interfere with or damage the Products.
copy or modify any of the Products or any portion of the products for any purpose other than your personal, non-commercial use.
use the Products to reveal any personal information about another individual.
collect or store any personally identifiable information from the Products related to other Users of the Products without their express permission.
send any unsolicited or unauthorized advertising, information, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to Users of the Products.
develop, distribute or use software programs or applications that are designed to modify the Products in any way.
use the Products to build or develop in any way any product or service which competes directly or indirectly with any of the Products.
engage in any other conduct determined by Presta Sports, in its sole and absolute discretion, to negatively impact the experience of other Users, or to harm the Products.
Presta Sports reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this Agreement or the Products and to take action which may include termination of your account and exclusion or limitation to further participation with the Products.
3. TERM. This Agreement begins on the date you first use the Products and continues as long as you have an account with us or continue to use the Products.
4. TERMINATION. You may terminate your account at any time. Presta Sports may, in our sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any content that you submitted, for any reason, including if Presta Sports determines that you have violated this Agreement or that your conduct or content would tend to damage Presta Sport’s reputation or goodwill. If Presta Sports deletes your account, you may not re-register for or use the Products under any other User name or profile. Presta Sports may block your access to the Products to prevent re-registration. You may, as a result of termination, lose your account and all information and data associated with it.
5. EFFECT OF TERMINATION. Upon termination of this Agreement all licenses granted to you by Presta Sports will terminate. You must immediately cease all use of and other activities with respect to the Products and permanently erase the Products from all devices and systems you directly or indirectly control. The following sections survive termination: RESTRICTIONS (2), INTELLECTUAL PROPERTY RIGHTS (6), ACKNOWLEDGEMENT OF RIGHTS (7), PROPRIETARY RIGHTS (8), ACCOUNT SECURITY (9), INDEMNIFICATION (16), NO WARRANTIES (18), LIMITATION OF LIABILITY (19), GOVERNING LAW (22), CLASS ACTION WAIVER (23), SUCCESSORS AND ASSIGNMENT(25).
6. INTELLECTUAL PROPERTY RIGHTS. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any new techniques, improvements, works of authorship, patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. Notwithstanding any other provision of this Agreement, Presta Sports shall at all times retain and own all right, title, and interest in and to the Products and any and all copyrights, patents, trademarks, Intellectual Property Rights, and other proprietary rights therein. Nothing herein conveys any ownership of the Products to User. Presta Sports reserves all rights to the Products not expressly granted to User herein.
7. ACKNOWLEDGEMENT OF RIGHTS. You acknowledge and accept Presta Sports' claim that the Products are the valuable property of Presta Sports, and that the Products are protected by copyright, trademark, and other Intellectual Property Rights.
8. PROPRIETARY LEGENDS. You shall not remove, obscure or alter any notice of copyright, patent, trade secret, trademark, service mark, logo, or other proprietary right appearing in or on the Products.
9. ACCOUNT SECURITY. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after each use of the Products. If you become aware of unauthorized access to your account, you must immediately change your password and notify Presta Sports at email@example.com.
10. USER CONTENT. The Products may allow you to post or upload your own messages, data or other information. Presta Sports has no obligation to allow this information to be uploaded, to maintain this data or to display this data in any way. You represent and warrant that you have all rights, title and any relevant copyrights for all information uploaded by you to the Products and that any information uploaded is not confidential, pornographic, offensive, illegal or defamatory. No content posted by you will be returned to you.
You hereby grant to Presta Sports a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose any content or information you provide via the Products or by any other means. You further hereby irrevocably grant to Presta Sports the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you. We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so at our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.
12. BILLING. Based on your selection, your credit card will be automatically billed on the monthly or annual anniversary date of account activation. If payment is not successful, you will be contacted and re-billing will be attempted as needed. If, after thirty days, payment is not completed, your account will be inactivated until payment is completed. While the account is inactive, you will not be able to access the Products or your data. You are responsible for payment of all applicable taxes related to use of the Products. All amounts will be charged in US dollars. All payments made to Presta Sports are non-refundable.
13. PRESTA SPORTS ENFORCEMENT RIGHTS. Presta Sports is not obligated to monitor access to or use of the Products or to review or edit anything posted by a user. We do have the right to do so for the purpose of operating the Products, to ensure compliance with this Agreement, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Products and Presta Sports. We reserve the right to, but are not obligated to, remove or disable access to any user, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any user to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Products. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
14. INTERACTIONS WITH OTHER USERS. The Products may allow you to interact with other users. Presta Sports does not monitor these interactions nor do we investigate, or vouch for, the authenticity of any user or user information. Caution should be used when interacting with other users. Passwords, account information and other private information should never be shared with other users. Any interactions you have with other users are solely at your own discretion and at your own risk. You agree that Presta Sports is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of your dealings with other users.
15. THIRD PARTY LINKS AND CONTENT. There may be links within the Products that let you access a site that is operated by a third party. Presta Sports does not endorse or have any control over the sites. Presta Sports does not review or approve any content that appears on third party sites. Presta Sports is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any third party sites. You acknowledge and agree that Presta Sports is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the access or use of any of the links, content, goods or products available on or through any third party sites.
16. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Presta Sports and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to your activities with the Products or your violation of any of the terms of this Agreement.
17. THIRD PARTY SOFTWARE. Presta Sports represents to you that use of the Products in accordance with this Agreement does not infringe any valid copyright, patent or trademark laws. Presta Sports further represents that it has all right, title and interest in the Products and the acceptance of this Agreement does not violate any contract to which it is presently a party nor does it violate the rights or interests of any third party. If any of the Products become subject to a claim of infringement, Presta Sports will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
18. NO WARRANTIES. The Products are provided on an “as is”, “with all faults” and “as available” basis, without any other warranties express or implied, including but not limited to warranties of merchantable quality, merchantability of fitness for a particular purpose, non infringement or those arising by law, statute, usage of trade or course of dealing. Without limiting the foregoing, Presta Sports makes no warranty of any kind that the Products, or results of the use thereof, will meet your or other person’s requirements, will be permitted in your jurisdiction, will operate without interruption, achieve any intended result, be compatible or work with any hardware, software, systems or other services, or be secure, accurate, complete, free of harmful code or error free, or that Presta Sports will continue to support the Products or any particular feature. You use the Products entirely at your own risk. To the extent any disclaimer or limitation of liability does not apply, to the fullest extent permitted by law, all applicable express, implied, and statutory warranties will be limited in duration to a period of 30 days after the date on which you first used the Products, and no warranties shall apply after such period.
19. LIMITATION OF LIABILITY. To the fullest extent permitted by law, Presta Sports shall not be liable for any personal injury, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data breach, service interruption, computer damage, system failure, inability to use the Products or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose. Presta Sports total liability to you for all claims, in the aggregate, will not exceed US$15.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Presta Sport’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the agreement between Presta Sports and you.
20. HEALTH AND SAFETY WARNINGS. The Presta Sports Products are offered for recreational and entertainment use only. Proper use of the Products is essential. Please keep all children away from the Products and related equipment during use and when equipment is unattended. You should consult your doctor or medical professional before beginning any new fitness activities or continuing any fitness activity. If any discomfort should result from your use of the Products, stop exercising and consult your doctor or medical professional immediately. No information provided by Presta Sports is intended to be the practice of medical care. Presta Sports reserves the right to refuse, suspend or cancel your membership if we determine that you have any medical conditions that in our sole discretion we deem to be potentially hazardous with your use of the Products.
Use of the Products is completely at your own risk. Failure to heed these warnings could result in serious injury or death. By use of the Products, you affirm that you have consulted your doctor or medical professional and they have approved of your use of the Products.
21. MINOR USERS. The Products are not intended for children under the age of 18 years old. Subject to the laws of your country of residence, children under 18 years of age may utilize the Products provided that Presta Sports is given the express written consent of their parent or legal guardian. In the event that you permit your minor child to use the Products, you hereby agree to this Agreement on behalf of yourself and your child, and you understand and agree that you will be responsible for, and supervise, all use of the Products by your child.
22. GOVERNING LAW. This Agreement shall be governed solely by the laws of the State of Pennsylvania and of the United States without reference to the Conflicts of Law of either such jurisdiction. Should any action arise out of or in relation to this Agreement, such action may be brought exclusively in the appropriate federal or state court in Dauphin County, Pennsylvania, USA and as such, you and Presta Sports irrevocably consent to the jurisdiction of said court and venue for Dauphin County, Pennsylvania, USA.
23. CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE PRODUCTS WILL BE RESOLVED SOLELY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING.
24. SEVERABILITY AND WAIVER. The capitalized headings contained in this Agreement are for convenience of reference only, shall not be deemed to be a part of this Agreement and shall not be referred to in connection with the construction or interpretation of this Agreement. If any term in this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Presta Sports in exercising any right hereunder will waive any further exercise of that right. Presta Sport’s rights and remedies hereunder are cumulative and not exclusive.
25. SUCCESSORS AND ASSIGNMENT. This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement. Presta Sports may assign its rights, obligations and/or this Agreement at any time in its sole discretion and without notice to you.
26. EXPORT CONTROLS. By using the Products in any way, you hereby agree that you will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the Agreement. You expressly agree not to export or re-export, nor allow the export or re-export of the Products in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination.
27. NOTICES. You consent to receive all communications including notices, agreements, disclosures, or other information from Presta Sports electronically. Presta Sports may communicate with you by email, by posting to the Presta Sports website, or through notices with our Products. For notices to Presta Sports, you may email communications to firstname.lastname@example.org.
28. FORCE MAJEURE. If Presta Sports is prevented from performing or is unable to perform any of its obligations under this Agreement due to causes beyond the reasonable control of Presta Sports, including but not limited to “acts of God”, acts of government, flood, fire, civil unrest, pandemic, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, Presta Sports performance shall be excused and the time for performance shall be extended accordingly.
29. ENTIRE AGREEMENT. This Agreement represents the entire understanding between Presta Sports and you regarding the Products and supersedes all prior agreements and understandings regarding the same. There are no restrictions, promises, representations, warranties or undertakings, verbal or written, other than those set forth or referred to herein with respect to all Products to be provided by Presta Sports. It is fully understood by you that anything you intend to rely upon has been fully specified in this Agreement and you specifically disclaim any reliance on statements, promises, representations, warranties or undertakings, verbal or written that are not incorporated herein. This Agreement supersedes any and all prior agreements and understandings between Presta Sports and you, whether verbal, written or otherwise.