Terms and Conditions

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Your Terms and Conditions section is like a contract between you and your customers. You make information and services available to your customers, and your customers must follow your rules.

Common items in a terms and conditions agreement allow you to:

• Withdraw and cancel services, and make financial transactions.
• Manage customer expectations, such as liability for information errors or website downtime.
• Explain your copyright rules, such as attribution, adaptation, commercial or non-commercial use, etc.
• Set rules for user behavior, like forbidding unlawful behavior, hate speech, bullying, promotions, spam, etc.
• Disable user accounts.
• Write down any other terms or conditions that protect you or your audie
• D'BOATERMS OF USE

Date of last revision: February 2024

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY DBOA PLATFORM.

If you live in any of the following countries or regions, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country/region within the Terms when applicable.  These additional terms override the Terms below to the extent of any inconsistency.

Argentina, Australia, Brazil, Canada, Colombia, Hong Kong, Japan, Korea, Philippines, all European countries (including specific terms for Austria, Belgium, France, Germany, Hungary, Italy, Poland, and Switzerland).

Welcome to the D'BOA community!  You are reading these Terms because you are using a D"BOA website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of D"BOA’s Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier's normal rates and fees apply to your Device.

These Terms create a legally binding agreement between you and D"BOA and its affiliates (which we may refer to as “D"BOA,” “we,” “us,” or “our”) regarding your use of the Platform. Please review our List of Local Entities for the name of the D"BOA entity responsible for providing the Platform to you and the appropriate contact information. A few important points:

• Our Terms May Change.  Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you.  [See Canada terms.] We may update these Terms from time to time.  If a material change is made, we will post a notice on the Platform or send you a notification.  Read through any changes, and if you don’t agree to them, please stop using the Platform.  If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.  
• Terms of Sale.  By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region. [See Hungarian terms.]
• Privacy Policy.  Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.
• Important Notice for Amateur Athletes.  You are responsible for ensuring that your participation on the Platform does not affect your eligibility as an amateur athlete.  Please check with your amateur athletic association for the rules that apply to you.  D"BOA is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete. 

1. GROUND RULES

Eligibility.  You are only eligible to use the Platform if you are of legal age in your country/region or if you have consent from your parent or guardian.  There may be certain age restrictions for specific Platform services in various countries or regions.

Rules for Registration.  When you register for an account with us, the following rules apply:

• Be True:  Provide accurate and current registration information.
• Be You:  Keep your registration personal.  Do not register for more than one D"BOA account, register a D"BOA  account on behalf of someone else, or transfer your account.
• Be Secure:  Keep your username, password and other login credentials secure and do not allow anyone else to use your account. 
• Be Responsible:  Inform D"BOA  immediately of any unauthorized use of your D"BOA  account.  You are responsible for anything that happens through your D"BOA  account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, D"BOA  IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.  

2.  OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by D"BOA  or others we license Content from, and is protected by copyright, trademark, patent and other laws. D"BOA  reserves all rights not expressly described in these Terms.

• All trademarks, service marks and trade names (e.g., the D"BOA  name and the Swoosh design) are owned, registered and/or licensed by D"BOA .  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
• You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
• To the extent D"BOA  approves the download or use of Content comprised of copyrights or copyrightable works, D"BOA  grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as D"BOA  makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  D"BOA  reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  D"BOA  reserves the right to take down any Content in violation of these terms or D"BOA ’s intellectual property rights.  D"BOA  allowing you this limited use does not constitute a waiver of any of D"boa’s rights to the Content. 
• Outside of the specific usage rights granted to you by D"BOA  in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without D"BOA ’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

3.  POSTING CONTENT ON THE PLATFORM

User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  D"boa is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to D"BOA  as described below:

• You represent that you have the right to post your User Content, and you grant D"BOA  a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. D'BOA  may, in its sole discretion, remove any User Content at any time.  [See Argentina, Colombia, Belgium, and Philippines terms.]  
• You understand that deleted User Content may persist in D"BOA ’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. 

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to D'BOA a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. [See Colombia and Belgium terms.]

We’re excited to have you contribute to the D"BOA  community.  Here are a few basic rules:

• Be Original.  Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. 
• Be Safe. 
  • Do not do anything that may expose D"BOA  or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
  • Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
  • Do not use any data mining, robots, scraping or similar data gathering methods.
  • Unless we indicate otherwise, our Platform is a public place.  Do not post personal information to the Platform - yours or anybody else’s.
• Be Personal.
  • Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
  • Do not collect or solicit personal information from other Platform users or send unsolicited messages.
  • Do not use automated technology to interact with the Platform.
  • Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. D"BOA  has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
  • Be Yourself.  Do not impersonate any person or organization, including athletes D"BOA employees.
• HAVE FUN!