Condiciones de uso

Introduction
WaitersRace.com’s basic Services are free. Paid upgrades for advanced features and Services might be available under additional agreements to be agreed separately. WaitersRace.com’s Services are designed to encourage Members and Visitors of the Website to express themselves freely. However, the Members and actors are responsible for the Content they send through forms or upload to the Website. In particular, make sure that none of the prohibited items listed below appear on WaitersRace.com or get linked to from your site (things like spam, viruses, or hate Content). The term Content means any type of data or documents such as, for instance, photos, videos, graphic design, listing, general information, contact details, design, sound or music, logos, text, etc.
The following Terms and Conditions govern all use of the website available at the following address http://www.waitersrace.com (hereinafter the “Website”) and all Content, Services and products available at or through the Website. The Website is offered subject to your acceptance without modification of all of the Terms and Conditions contained herein and all other operating rules, policies (including, without limitation, the Website Privacy Policy). The Website, its Content, and documents downloadable from the Website such as the Free Handbook© and all the rights granted to the Website are the exclusive property of WaiterRace.com.
Please read these terms of use carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the Terms and Conditions of this agreement. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website or use any Services. If these Terms and Conditions are considered an offer by the Website, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Services and Products’ Ownership and Liability
You do not claim intellectual property right or exclusive ownership to any of our Products or Services (such as for instance, and for instance only, “Race Page”, “Photographer Pro Page”, “Reporter Page”, “Expert Page”, “Handbook”, “Free Handbook©”), modified or unmodified. All Products are the sole property of WaitersRace.com. WaitersRace.com’s Products and Services are provided 'as is' without warranty of any kind, either expressed or implied. In no event shall WaitersRace.com be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use WaitersRace.com’s Products and Services.
Waiters Race Professional Handbook for Organizers©.
WaitersRace.com edits and publishes the “Waiters Race Professional Handbook for Organizers©” in two languages, English and French (hereinafter the “Handbook©”). The Handbook© includes general advices, statistics, WaitersRace.com Official Labels, WaitersRace.com Templates© (for instance Official Rules, Sponsorship Package, Application Forms, Judge Evaluation Grid, Letters, Press Release). WaitersRace.com is the sole owner of the rights on the Handbook©. Both versions are governed by the same provisions.
A free version of the Handbook© (hereinafter Free Handbook©) is available for Members on WaitersRace.com through download at the following URL: http://www.waitersrace.com/waiters-race-handbook-order. The download and the use of the Free Handbook© by the Member is governed by these Terms of use in general and the Free Handbook© User License in particular as provided in this section.
Free Handbook© download process. Only Members of WaitersRace.com are entitled to complete the process, download and use the Free Handbook©. The Member shall sign into WaitersRace.com and complete the required process. The Member undertakes to fill in the online forms with true and accurate information.
Free Handbook© User License. Members who duly completed the Free Handbook© download process and received the Free Handbook© are granted a personal and non-transferable license to use the Free Handbook© (advices, format, WaitersRace.com Official Labels©, WaitersRace.com Templates©) as follow and under the following conditions:
i. Member keeps WaitersRace.com posted about its waiters race project, in particular regarding the date and venue of the waiters race at the earliest,
ii. Member shall not transfer through any means whatsoever the Free Handbook© to any third party unless Member receives written agreement from WaitersRace.com,
iii. Members complies to the Terms of use provisions at any time and in particular to the provisions regarding the “Member registered as Organizer” section (sending of all information about the waiters race before, during and after the race, promotion of WaitersRace.com on Organizer media supports, etc.);
iv. Member is entitled to copy all or a part of one or several WaitersRace.com Templates© subject to the insertion of all the information and links mentioned in the footer of such document(s).
Responsibility of Visitors and Members.
A Visitor is a unique individual coming to the Website. A Member is a unique individual or entity represented by a unique individual who has completed the Website registration process.
You are entirely responsible for the Content you transfer to the Website, for your comments on the Website or any other material coming from you, you are entirely responsible of any harm resulting from that Content transferred by you. That is the case regardless of whether the Content in question constitutes text, graphics, photos, videos, an audio file, or computer software. By making Content available, you represent and warrant that: (i) the uploading, downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party, (ii) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms, (iii) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content, (iv) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (v) the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party, (vi) you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Website or otherwise.
Member registered as Organizer or executive organizer.
By registering as organizer Member of WaitersRace.com (hereinafter “Organizer”) you certify that (i) you are the official organizer of the waiters race(s) you claim to have organized or you are about to organize, or that you are legally entitled to represent the organizer and to act on his behalf, (ii), that the information provided to WaitersRace.com is true and accurate.
WaitersRace.com provides the Organizer with specific Services for free and detailed in the updated version of Special Offer for Organizers at the following URL: http://www.waitersrace.com/boost-your-waiters-race-for-free-on-waitersrace-com. In consideration of the Services detailed in the Special Offer for Organizers, the Organizer undertakes (i) to fill in the Race form with true and accurate details (including organizer details) within 7 days from his registration (ii) to create a photos gallery and (iii) to generally provide WaiterRace.com with all material and information mentioned in the Special Offer for Organizers as soon as they become available to him (iv) to promote its waiters race page on WaitersRace.com including and posting links on its media supports (website, social networks, emailing…).
Proprietary Rights and License on the Content submitted to WaitersRace.com
By submitting Content to the Website by any mean such as upload, forms, access to FTP, email sent to any email of the Website ([email protected]) or any other means, you expressly
i. declare and warrant to be the sole owner of all rights titles and interest regarding the submitted Content (including without limitation all intellectual property rights in and to the Content) or to have been entitled to grant the license mentioned in (ii) by any third party having any interest on the Content ;
ii. grant to WaitersRace.com a world-wide, royalty-free and non-exclusive license to use, reproduce, modify (for instance but not limited to, resize, cut, add watermark, add sound, add text or color) adapt and publish the Content on any support. For the avoidance of any doubts, in the case the Content is submitted by a Member the license granted on the said Content to WaitersRace.com will remain in force even if the Member ceases to be Member for any reason whatsoever.
Publication of the Content and Member access
Without limiting any of those representations or warranties, WaitersRace.com has the right (though not the obligation) to, in WaitersRace.com's sole discretion (i) refuse or remove any Content or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the WaitersRace.com 's sole discretion. WaitersRace.com will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment for optional Products or Services.
Optional Products or Services requiring payment might be available on the Website, by selecting such Services you agree to pay the Website the fees indicated for that Service. Payments will be charged on the day you sign up for the Service and will cover the use of that Service for the period as indicated. Service fees are not refundable.
Responsibility of WaitersRace.com towards Members and Visitors.
The Website has not reviewed, and cannot review, all of the material, posted, sent or uploaded to the Website, and cannot therefore be responsible for that material's Content, use or effects. By operating the Website, the Website does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Website disclaims any responsibility for any harm resulting from the use by Visitors of the Website, or from any downloading by those Visitors of Content there posted.
Please alert WaitersRace.com for any harmful Content by clicking here http://www.waitersrace.com/waiter-race/alert-us
Content Posted on other websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which the Website links, and that link to the Website. The Website does not have any control over those other websites and WebPages, and is not responsible for their Contents or their use. By linking to a linked website or webpage, the Website does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Website disclaims any responsibility for any harm resulting from your use of non- the Website websites and WebPages.
Copyright Infringement.
As WaitersRace.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to alert WaitersRace.com that will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material (alert us at the following address: http://www.waitersrace.com/waiter-race/alert-us). In the case of a Visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of WaitersRace.com or others, WaitersRace.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, WaitersRace.com will have no obligation to provide a refund of any amounts previously paid to the Website.
Intellectual Property.
This Terms of Use does not transfer from WaitersRace.com to you any WaitersRace.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WaitersRace.com. The Website, the Website logo, and all other trademarks, Service marks, graphics and logos used in connection with the Website, or the Website are trademarks or registered trademarks of WaitersRace.com or the WaitersRace.com's licensors. Other trademarks, Service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of the website or third-party trademarks.
If you wish to use any of the Content of the Website please contact us for permission before use.
Royalty-Free License Content.
Notwithstanding the generality of the foregoing prohibition to use WaitersRace.com’s Content without permission, WaiterRace.com allows any user to use specific Content under Royalty-Free License even for commercial purpose. Royalty-Free License is granted only for Content identified in the Website by the mention “Royalty-Free License Content” and under the following conditions:
i. Insert source as follow:
- For online publication please insert the following mention + link:
“source: WaitersRace.com, the International Press Agency for Waiters Races”
- For printed publication please insert the following mention:
“source: WaitersRace.com, the International Press Agency for Waiters Races”
ii. Information about your publication:
Please send us details on the day of publication (url, media, country…)
Changes.
WaitersRace.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this terms of use constitutes acceptance of those changes. The Website may also, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or Services shall be subject to the Terms and Conditions of this Agreement.
Termination.
WaitersRace.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The materials on the Website are provided 'as is'. The Website makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Website does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will WaitersRace.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or Services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WaitersRace.com under this agreement during the two (2) month period prior to the cause of action. WaitersRace.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Website Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable Content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless the Website, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
Jurisdiction and applicable law.
The Terms and Conditions, and your relationship with WaitersRace.com under the Terms and Conditions, shall be governed by French law. You and WaitersRace.com agree to submit to the exclusive jurisdiction of the courts of Paris to resolve any legal matter arising from the Terms and Conditions. Notwithstanding this, you agree that WaitersRace.com shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.