r2s – TERMS OF SERVICE
r2s – TERMS OF SERVICE
DATE (LAST UPDATED):31/07/2014
Welcome to Road 2 Success and thank you for using our products and services. The products and services are provided by Road 2 Success, a subsidiary of ESPS Ventures, having its registered office at 4A, Edenwoods, Thane (W), 400610, Maharashtra, India.
WHO WE ARE
Road r Success ("r2s" or "we" or "us" or "our"), is a pioneer in sports technology and innovation. r2s has been founded with an intention to cater to the needs and aspiration of budding sports persons and sports enthusiasts across the world. r2s focuses on providing aspiring sports persons, coaches and sports enthusiasts unadulterated, exciting, technology based analytic content and professional consulting services. r2s intends to make life a great deal easier for aspiring sports persons as well as coaches and established players. r2s through its innovative initiatives aspires to enhance coaching effectiveness by integrating powerful technology based performance analysis for assistance in day to day coaching programs.
WHAT WE DO
Preparation and analysis play a critical role in advancing the prospects of a professional sports team or an individual sports person. Technology helps players to observe different facets of their game and enables them to analyse their game against their opposition as well as in different positions. r2s provides analysis of team performances, individual player performances and opposition team performances. Our experts analyse the video(s) uploaded by users and break them down into segments/areas providing specific statistical information and data.
HOW WE HELP YOU
r2s works only as a supplementary factor for aspiring and professional sports persons and coaches. At any point of time r2s does not intend to advocate that our "Technical Analysis" will substitute the importance or role of coaches on the ground. We intend to give unbiased and objective analysis of the video uploaded by a user based on approved coaching manuals of the respective sports discipline. Our experts understand that each individual has his/her own individual style of playing a game which should be encouraged and worked upon to enable them to perform at the highest levels. r2s aspires to support and encourage your endeavors and hard work towards achieving your goal.
WHY THE USER AGREEMENT
r2s provides a range of diverse Services, so sometimes additional terms and/or product requirements (including age requirements) may apply. Such additional terms and/or product requirements will be available with the relevant Services which will become part of your User Agreement with us if you use those Services. If such additional terms and/or product requirements are inconsistent with the User Agreement, those additional terms and/or product requirements shall prevail.
The User Agreement governs your access and use of the www.r2s.in website (the "Site") which may be accessed via, but not limited to, the World Wide Web, PDA, mobile phone, digital television, and RSS feeds. The r2s – Terms of Service apply whenever you access the site, on whatever devices. This User Agreement is for an indefinite term and you understand, agree, confirm and undertake that you are bound by the terms and conditions contained in the User Agreement till the time you access the Site and/or avail the Services.
By using the Site and/or Services, you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Site and/or Services. If you do not agree to be legally bound by all the following terms please do not access and/or use the Site and/or Services. By using the Site and/or Services as a reader or registered user, you are deemed to have accepted these terms and conditions.
r2s reserves the right to change the terms of this User Agreement or to modify any features of this Site and/or Services at any time with or without prior notice. Any change to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. The latest version of the User Agreement can be viewed at any time under the head r2s – Terms of Service.
WHEN YOU USE THE SITE AND/OR SERVICES
You must follow any policies made available to you within the Site and/or Services.
You must not use the contents of the Site and/or Services for unlawful or commercial purposes.
You must not misuse the Site and/or Services. For example, do not interfere with the Site and/or Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Site and/or Services only as permitted by existing laws of India or any other law applicable to you. We may suspend or stop providing the Site and/or Services to you if you do not comply with the terms and conditions of the User Agreement or additional terms or if any investigation for suspected misconduct is pending against you or if any other user reports an alleged misconduct.
You must not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use content on the Site and/or Services in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any content on the Site and/or Services except for your own personal, non-commercial use. Any other use of the Site and/or Services content requires the prior written permission of r2s.
You must not use the Site and/or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or infringe any other party's use and enjoyment of the Site and/or Services or inhibit anyone else's use and enjoyment of the Site and/or Services. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site and/or Services.
You must not attempt to gain unauthorized access to any of the Site and/or Services, user accounts, or computer systems or networks, through hacking, password mining or any other means;
Using the Site and/or Services does not give you ownership of any intellectual property rights in the Site and/or Services or the content you access. You may not use content from the Site and/or Services unless you obtain express written permission from the administrator of the Site and/or Services or representative of r2s. These terms do not grant you the right to use any branding or logos used in our Site and/or Services.
The Site and/or Services display some content such as advertisements, promotions that do not belong to r2s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates the terms and conditions of the User Agreement or additional terms and we may remove or refuse to display content that we reasonably believe violates our policies or the law;
Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; remove any legal notice including but not restricted to notices of any copyright, trademark or other proprietary rights contained in or on the Site and/or the Services or in any content or other material obtained via the Site and/or the Services; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; reformat or frame any portion of the web pages that are part of the Site and/or the Services; create user accounts by automated means or under false or fraudulent pretenses; or collect or store personal data about other users in connection with the prohibited activities described in the User Agreement;
In connection with your use of the Site and/or Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications;
Some features of the Site and/or Services are available on mobile devices. Do not use such features of the Site and/or Services in a way that distracts you and prevents you from obeying traffic or safety laws.
REGISTRATION REQUIREMENTS & UNDERSTANDING
Some of the Site's content is viewable without registering with us, but to actively participate (including but not restricted to uploading videos, receiving review from our experts based on technical analysis, etc), you must register as a member. When you register with us, you are registering as a personal user of the Site. You may create your own r2s Account, or your r2s Account may be assigned to you by an administrator, such as your employer or educational institution or sports academy or professional coaches. If you are using any r2s Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your r2s Account.
Access to registration areas is via your username and password ("Credentials"). When creating your r2s Account, you must provide accurate and complete information. You are allowed access to the registration areas of the Site on your undertaking that:
If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of the Site with or without giving you any advance notice.
To protect your r2s Account, keep your password confidential. Try not to reuse your r2s Account password on third-party applications.
You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may notify us by sending an e-mail to firstname.lastname@example.org.
r2s reserves its right to charge subscription and/or membership fees in respect of any part, aspect of this Site and/or Services upon reasonable prior notice.
YOUR PERSONAL DATA
MODIFICATION, SUSPENSION & TERMINATION OF SERVICES
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the modifications of existing Services; new Services; suspension and/or termination of Services will be uploaded from time to time on the Site, and the users of modified or new Services will be governed by the terms and conditions of the User Agreement or additional terms, as the case may be. You understand, agree and undertake that r2s will not be liable to you or any third party in any case whatsoever for any modification or suspension or discontinuation of any of the Services.
r2s SOFTWARE TERMS
In addition to the terms and conditions of the User Agreement governing the use of the Site and/or Services, the terms and conditions contained herein apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Services.
In order to keep the r2s Software up-to-date, we may offer automatic or manual updates at any time and without notice to you. You may use r2s Software solely for purposes of enabling you to use and enjoy the Services as provided by r2s and as permitted by the User Agreement, these Software Terms and any additional terms. You may not incorporate any portion of the r2s Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the r2s Software or otherwise assign any rights to the r2s Software in whole or in part. You may not use the r2s Software for any illegal purpose. We may cease providing any r2s Software and we may terminate your right to use any r2s Software at any time. Your rights to use the r2s Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the terms and conditions of the User Agreement or any other additional terms. Additional third party terms contained within or distributed with certain r2s Software that are specifically identified in related documentation may apply to that r2s Software (or software incorporated with the r2s Software) and will govern the use of such software in the event of a conflict with the terms and conditions of the user Agreement. All software used in any r2s Service is the property of r2s or its software suppliers and protected by Indian as well as international copyright laws.
ADVERTISEMENTS & LINKS TO OTHER SITES
Use of Third Party Services
All the contents of the Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by the Site or r2s. All warranties, expressed or implied of any kind, regarding any matter pertaining to any content or information or comment or feedback or opinion, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded. r2s shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the Site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
YOUR CONTENT IN OUR SERVICES
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that particular content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive content to or through our Services, r2s (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, your administrator discontinues our Services or you opt out). It is solely your responsibility to ensure that you have the necessary legal rights to grant us this license for any content that you submit or upload to our Services. If you have a r2s Account, we can display your Profile name, Profile photo, and actions you take on r2s or on third-party applications connected to your r2s Account (including reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts.
We reserve the right to remove any content that you submit, publish or display on the Site or transmit to other members and/or users of the Site (hereinafter, "Posted Content") in our sole discretion. We are not, however, responsible for any failure or delay in removing any alleged objectionable Posted Content. Keep in mind that the Posted Content of others is simply opinion and should not be relied on. In addition, you are solely responsible for your Posted Content. You must not post, distribute or reproduce in any way any material subject to copyright, trademark or other third party proprietary rights without obtaining the prior written consent of the owner of such third party proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party including r2s and your administrators. You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by r2s. You may not provide any Posted Content that is unlawful or that promotes or encourages any illegal activity. You understand and agree that r2s may review and delete any Posted Content that in the sole judgment of r2s violates the User Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information. By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, r2s, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sub licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive. The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. r2s reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates the terms and conditions of the User Agreement, including without limitation, removing the offending Posted Content from the Site and/or Services and terminating the membership of or blocking use of the Services and/or the Site by such violators. You may not post content that is false or intentionally misleading; harasses or advocates harassment of another person; involves the transmission of unsolicited mass mailing or "spamming"; violates the intellectual property or other rights of any person; is threatening, obscene, defamatory or libelous; or is pornographic or sexually explicit in nature. Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the Site or the Services (collectively "Feedback") submitted to r2s shall become the property of r2s or its assigns or holders or promoters. r2s will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, r2s will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not r2s, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
PROPRIETARY RIGHTS, COPYRIGHT, TRADE MARKS, PATENT, DESIGN ("INTELLECTUAL PROPERTY")
Except for content posted or submitted by you or any other visitors to the Site, all of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by r2s and our suppliers, licensors, publishers, rightsholders or other content providers and is protected, as applicable, by Copyright, Trademark, Patent, Design And Trade Secret Laws, other Proprietary Rights, and International Treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain confidential proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in the User Agreement), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, r2s and its suppliers, licensors, publishers, rightsholders or other content providers do not grant you any express or implied rights whatsoever, and all rights in the Site and the Services not expressly granted by r2s to you are retained by r2s.
LICENSE AND ACCESS
Subject to your compliance with the User Agreement and your payment of any applicable fees, r2s or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any unlawful downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of r2s. 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 r2s without express written consent. You may not use any meta tags or any other "hidden text" utilizing r2s' name or trade marks without the express written consent of r2s. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by r2s terminate if you do not comply with the terms and conditions of the User Agreement or any additional terms.
GENERAL DISCLAIMER OF WARRANTIES
The Services and all information, content, materials, products (including software) and other Services included on or otherwise made available to you through the Services are provided by r2s on an "as is" and "as available" basis, unless otherwise specified in writing. r2s makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, unless otherwise specified in writing. You expressly understand, agree and undertake that your use of the Services is at your sole risk. To the full extent permissible by applicable law, r2s disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. r2s does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, r2s's servers or electronic communications sent from r2s are free of viruses, malware, contaminants or other harmful components. r2s will not be liable for any damages of any kind arising from the use of any Service or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. We hereby disclaim all such warranties, including all statutory warranties, with respect to the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, r2s' servers or electronic communications, including, but not limited to, any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the site or any other data or information provided or received through the site. Except as expressly set forth herein, r2s makes no warranties about the information systems, software and functions, made accessible by or through the site or any security associated with the transmission of sensitive information. r2s does not warrant that the site or the Services will operate error-free, that loss of data will not occur.
INSTITUTIONAL OR BUSINESS OR CORPORATE USES OF OUR SERVICES
If you are using our Site and/or Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Services or the Site, regardless of the form of action, exceed the greater of: the total amount of fees, if any, that you paid to utilize the Site or the Services. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Site and/or the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of the terms and conditions of the User Agreement or other policies and additional terms posted on the Site by you or by someone using your Credentials. Notwithstanding any other provisions contained herein, we may also cancel or suspend your registration for any other reason, including without limitation inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. r2s shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. You may terminate your r2s Account at any time by contacting email@example.com.
ELECTRONIC CONTRACTING AND NOTICE
Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to the User Agreement and your consent to enter into any other agreements with us electronically.
We may assign or sub-let the User Agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the User Agreement to anyone else and any attempt to do so shall be null and void and liable to prosecution under Indian laws prevailing at such time.
The relationship between you and r2s is one of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party or to represent the other party as agent, employee or in any other capacity, except as specifically provided herein.
HOW TO SERVE A NOTICE
If you have a legal notice or court notice ("Notice") to serve on r2s, please note that r2s does not accept service via e-mail or fax and will not respond to the Notice. All Notices must be properly served on r2s, by mailing the notice to ESPS Ventures, r2s' holding company. Please find below the Mumbai address for ESPS Ventures:
ESPS Venture, 4A, Edenwoods, Thane (W), 400610, Maharashtra, India Attn: Legal Department – Legal Notice or Court Notice (as applicable)
Please also note that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit/debit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a service provider or seller for seller information (please note we do not have GPS location information); and IP address and complete time details
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint by sending an e-mail to firstname.lastname@example.org. We respond quickly and effectively to the concerns of rights owners about any alleged infringement. If you prefer to submit a physical report in writing, please provide us with the following information:
The failure of r2s to exercise or enforce any right or provision of the User Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by authorized representative of r2s.
If any provision of the User Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the User Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
The User Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of the User Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of the terms and conditions of the User Agreement, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between You and r2s relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to the User Agreement made by r2s in accordance with the terms of the User Agreement.
The terms and conditions of the User Agreement may vary from time to time. Please ensure that you review the updates in terms and conditions regularly as you will be deemed to have accepted any variation if you continue to use the Site and/or Services after it has been posted.
GOVERNING LAW AND JURISDICTION
These terms shall be governed by and interpreted in exclusively in accordance with the laws of India and especially the Information Technology Act, 2000. All relevant rules, regulations, directions, orders and notifications under the Information Technology Act, 2000 will also apply. The Courts in India shall have exclusive jurisdiction to the exclusion of other courts.
Although we will do our best to provide constant, uninterrupted access to the Site, r2s does not guarantee this nor does r2s accept any responsibility or liability for any interruption or delay.
Copyright © 2014 ESPS Ventures All rights reserved. For reprint rights: ESPS Ventures