Terms & Conditions
Terms & Conditions
ObstacleEdge Terms and Conditions
Welcome to ObstacleEdge! The Terms and Conditions stated here apply to the use of our website and any of our associated products and/or features. By visiting ObstacleEdge.com or our Services, you agree to our Terms and Conditions.
1. Our Services
Our mission is to provide athletes, fans and businesses in the sport of Obstacle Course Racing a community to connect with, learn from and engage with each other. To support this mission, we provide the following to you:
- Membership on ObstacleEdge.com for Obstacle Racing athletes, fans and businesses.
- Comprehensive database of Athlete Profiles so fans can follow and learn about OCR athletes, athletes can share their content with fans and potential sponsors and businesses can learn about athletes they may want to work with.
- Comprehensive database of Business Profiles so OCR athletes can learn about their products and services.
- Relevant and valuable information to OCR athletes, fans and businesses.
- Forum for discussion on topics related to the sport of Obstacle Racing.
- Products and services of value to OCR athletes and businesses.
2. Data Policy and Privacy
3. Use of the ObstacleEdge.com Website
We provide our services to you and others to help support our mission. In return, you commit to the following:
- Use the same name that you use in everyday life.
- Provide accurate information about yourself.
- Create only one account (your own), unless you are creating a personal account and a business account, for which you are an authorized representative.
- Not share your password, give access to your ObstacleEdge account to others, or transfer your account to anyone else (without our permission).
You cannot use ObstacleEdge if:
- You are paying for membership and under 13 years old (accounts of those under 13 years of age must be registered and monitored by an adult or legal guardian).
- You are a convicted sex offender.
- We previously disabled your account for violations of our terms or policies.
- You are prohibited from receiving our products, services, or software under applicable laws.
You may not use our Products to do or share anything:
- That violates these Terms, our Community Standards and other terms that apply to your use of ObstacleEdge.
- That is unlawful, misleading, discriminatory or fraudulent.
- That infringes upon or violates someone else’s rights.
- Upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
- Access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of ObstacleEdge or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from ObstacleEdge.
You Must Not:
- Republish material from our website without prior written consent.
- Sell or rent material from our website.
- Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
- Redistribute any content from our website, including onto another website.
We can remove content you share in violation of these provisions and, if applicable, we may take action against your account. We may also disable your account if you repeatedly infringe other people’s intellectual property rights.
To help support our community, we encourage you to report content to us (firstname.lastname@example.org) or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
Permissions You Give to ObstacleEdge
We need certain permissions from you to provide our services:
- Permission to use content you create and share: You own the content you create and share on ObstacleEdge and the other ObstacleEdge Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.
- Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This means, for example, that if you share a photo on ObstacleEdge, you give us permission to store, copy, and share it with others such as service providers that support our service or other ObstacleEdge Products you use. You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
- You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
- Permission to use your name, profile picture, and other content you have uploaded to ObstacleEdge.com to promote, market, or otherwise advertise ObstacleEdge Products.
- If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.
- Permission to update software you use or download: If at any point, you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
Limits on Using Our Intellectual Property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on ObstacleEdge), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks or similar marks (including, but not limited to the name ObstacleEdge and phrase Your Edge in Obstacle Racing as well as our logos) with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
5. Membership and Cancellation Policy
- ObstacleEdge agrees to provide membership to you, the member, in accordance with the benefits listed for the membership level for which you’ve subscribed and in accordance with our Terms and Conditions you’ve agreed to herein.
- Your membership may be cancelled without your consent if you do not abide by our Terms and Conditions, or if applicable membership fees are not paid by your payment due date.
- Membership is non-transferable.
- Membership, including applicable fees will automatically renew following the end of any trial or membership period.
- You may cancel your monthly subscription at any time by emailing us at email@example.com; however, due to the nature of our Services, neither voluntary or involuntary membership cancellation will result in a refund of any kind.
- Once you cancel you will no longer have access to the Service you cancelled, including all content and community resources, once your current membership period is complete.
- It is your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
- We reserve the right to modify membership privileges at any time, without notice.
6. Additional Provisions
Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and the ObstacleEdge community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the ObstacleEdge community, you can delete your account at any time.
Account Suspension or Termination
We want ObstacleEdge to be a place where people feel welcome and safe to engage other community members and express themselves and share their thoughts and ideas. If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it. If your account has been disabled or deleted, you can contact us at firstname.lastname@example.org.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and ObstacleEdge, but the following provisions will remain in place: 3.1 – 3.5.
Limits on Liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Additionally, we are not liable in any way for any loss or damage (foreseeable or not) suffered as a result of any advice, recommendation, direction, challenge, offer, opportunity or any other form of engagement, misrepresentation presented by or negligence of anyone on or associated with ObstacleEdge or its parent company, FitLincMedia, LLP.
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the ObstacleEdge Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the ObstacleEdge Products will not exceed $100.00 USD.
Notice of Copyright
ObstacleEdge.com (a DBA of FitLincMedia, LLP) is protected under U.S. copyright laws. As such, any commercial effort to profit or provide value to another in exchange for something of value using any and all content on ObstacleEdge.com or the business model “Model” or parts of the Model enacted by ObstacleEdge is a direct violation of copyright law. Parts of the Model including, but not limited to the display of any type of athlete in the form of Athlete Profiles containing images, videos, biographies, race results, sponsors, and other types of information about the athlete, or a Business Profile including, but not limited to the display of information, images, video, external links, promotions and other types of information about the business for the marketing of products or services to website visitors, a Discussion Forum or similar type of individual or community blog or forum, as part of a paid membership model or any type of commercial model where parts or the whole of the ObstacleEdge business model are provided in exchange for something of value. Protection under copyright law does not require an individual or group to use ObstacleEdge services or agree to the Terms and Conditions herein. This copyright protects ObstacleEdge and FitLincMedia, LLP beginning with the origination of the business model in 2012 and enactment of the model on FitLincMedia.com in 2017 through the launch of ObstacleEdge.com in 2019. Punishment and penalties for copyright infringement will be sought to the fullest extent permissible by law.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply. For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the ObstacleEdge Products (“claim”), you agree that it will be resolved exclusively in Travis County, Texas. You also agree to submit to the personal jurisdiction of the courts of Travis County, Texas for the purpose of litigating any such claim, and that the laws of the State of Texas will govern these Terms and any claim, without regard to conflict of law provisions.
- These Terms make up the entire agreement between you and ObstacleEdge regarding your use of our Products.
- Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes to the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
- If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
- These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life); if we are unable to do so for technical or any other reason, we reserve the right to delete your account and make a reasonable effort to save your information for copy-over to a new account.
- We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- We reserve all rights not expressly granted to you.
7. Community Standards
When you visit and/or engage as a registered member on ObstacleEdge.com (“The Website”), you are agreeing to uphold and abide by our community standards across all lines of communication and engagement on the site, including, but limited to the discussion/community forum, your and others’ blogs, reviews, comments, image, video or written posts, and any type of communication in any form with anyone while on The Website or in anywhere outside of The Website if that interaction is affiliated with ObstacleEdge. These standards are in place to ensure a safe, welcoming, and valuable experience for all.
Authenticity and Integrity
It is important that you represent yourself honestly and provide accurate information about yourself and your identity.
- Provide false information about yourself, including, but not limited to your name, contact information, date of birth/age, location, race results, image in photo or video, biographical information, or any other information related to or describing you.
- Misuse our Athlete or Business Profile product by:
- Maintaining multiple accounts
- Creating inauthentic profiles
- Sharing an account with any other person
- Creating another account after being banned from the site
- Evading the registration requirements outlined in our Terms and Conditions
- Impersonate others by:
- Using their images with the explicit aim to deceive people
- Creating a profile assuming the persona of or speaking for another person or entity
- Creating a profile assuming to be or speak for another person or entity for whom the user is not authorized to do so.
- Posting imagery that is likely to deceive the public as to the content’s origin
- Engaging in inauthentic behavior, which includes creating, managing, or otherwise perpetuating accounts that are fake, have fake names
Promotion of Harm
- Promote, encourage or in any way advocate through display, post or comment, violence or any type of physical, emotional or any other type of harm to any person, group, or animal
- Post content depicting or related to illegal drug use, or any type of federally or locally illegal activity
- Post content generally thought to be offensive, insulting, insensitive or potentially troubling to others.
- Repeatedly contact a single person despite that person’s clear desire and action to prevent that contact
- Send messages to any individual that contain:
- Targeted cursing aimed at an individual or group of individuals in the thread
- Calls for death, serious disease or disability, or physical harm aimed at an individual or group of individuals in the thread
Bullying is strictly forbidden on ObstacleEdge.com. You may not:
- Target anyone maliciously, including public figures, by engaging the following forms of Bullying:
- Attacking them based on their status as a victim of sexual assault or sexual exploitation
- Threatening any participant in public discourse with violence in an attempt to intimidate or silence them
- Calling for self-injury or suicide of a specific person, or group of people
- Attacking them through derogatory terms related to sexual activity (e.g. whore, slut)
- Post content about anyone, including a public figure, that contains a name, photo, or video of the individual and:
- Any statements of intent to commit lethal violence, or
- Any calls for action of lethal violence, or
- Any statements advocating lethal violence
- Claim that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise is paid or employed to mislead people about their role in the event when sent directly to a survivor and/or immediate family member of a survivor or victim
- Send messages to a group that contain any Bullying Policy violations, regardless of whether the person being targeted is a public or private individual
Please contact us at email@example.com if you have any questions about our Terms & Conditions.
These Terms & Conditions were last updated on March 4, 2019. The unauthorized duplication of these Terms & Conditions is prohibited without consent from ObstacleEdge.