Last updated: February 24, 2017

This website (http://www.whistlesports.com) is owned and operated by Whistle Sports, Inc. (including its affiliates) (“Whistle Sports”) and is provided for your personal entertainment, information, and education. “Website” as used in these Terms of Use includes this website and our pages and channels on third-party social media platforms such as Facebook, Instagram, YouTube, Twitter or Snapchat. Your use of this Website is subject to the following terms and conditions. Your use of the Website constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms, please do not use this Website or any features or services offered by this Website.

We reserve the right to change these terms and conditions at any time without notice. Please check back often to ensure you are aware of any updates or changes to these terms.

Intellectual Property Rights

All trademarks, names and logos appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property on this Website, including without limitation, the entire content of the Website copyrighted and protected as a collective work ("Content"), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, Whistle Sports.

The use or misuse of Content, except as provided in these Terms of Use, is strictly prohibited. You may print copies of the information on this Website for your personal use. However, you may not distribute Content to others without our express written consent. Also, you may not, without our permission, copy and distribute Content on any server, or modify or re-use Website text, graphics, video or any other Content. We reserve all other rights not expressly granted in this Terms of Use.

Your use of the Website is limited to personal and non-commercial use only unless other uses are granted expressly to you by Whistle Sports in writing. You may not copy, distribute, modify, transmit, reuse, repost, or otherwise display the Content for public or commercial purposes without our written permission. You may not harvest or otherwise collect information about others, violate the security of the Website, or engage in any other conduct that exposes us or any of our users to any liability or potential harm. Whistle Sports respects the intellectual property of others, and we ask our users to do the same. Whistle Sports has no responsibility for content on other websites that you may find or access when using Whistle Sports’ Website. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not this Website’s Terms of Use, govern your use of that material.

It is Whistle Sports’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Whistle Sports and/or others.

User Submitted Content

The Website may allow users to post text, images, audio, video, links to other sites, or other content to the Website. As a consequence, you may see materials that have been submitted to the Website by individuals not affiliated with Whistle Sports. Whistle Sports does not endorse these individuals nor are we in any way associated with any of the materials that they may post on the Website or link to from the Website. Neither Whistle Sports nor its officers, employees, or agents shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals.

By submitting any content to the Website, you understand and agree that you are giving Whistle Sports a royalty-free, irrevocable, non-exclusive and sublicenseable license to use, reproduce, publish, distribute, perform, display and creative derivative works from any such submissions, in whole or in part, in any form (including for publicity, promotional or marketing purposes). You agree not to disparage, defame or otherwise seek to damage anyone or invade anyone’s rights through any submitted content.

When posting information on the Website, use good taste when discussing sensitive topics and please treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts.

In addition to the prohibited activities described above, when posting information and media on the Website, you must not:

  • Post anything that interferes with or disrupts the Website, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Website;
  • Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
  • Post or upload personal information, pictures, videos or any other media of another person without their express permission;
  • Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable;
  • Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
  • Post statements or materials that in any way harm minors;
  • Post statements or materials that impersonate any other person or entity;
  • Post statements or materials that misrepresent your affiliation with any entity and/or Whistle Sports;
  • Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers;
  • Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or political campaigns; or
  • Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right.

Any user failing to comply with the above guidelines and these Terms of Use may be expelled from and refused access to the Website’s messaging functionality or other public forums. Whistle Sports or its designated agents may remove or alter any user submitted content at any time for any reason. Whistle Sports reserves the right to alter, edit, refuse to post or remove any user submitted content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect itself, its clients, sponsors, users and visitors.

Copyright Policy

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Whistle Sports’ Copyright Agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright owner's behalf.

Whistle Sports’ agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent c/o Whistle Sports, Inc., 79 Madison Avenue, 9th Floor, New York, NY 10016. E-mail for notice: legal@thewhistle.com.

United States Only

Unless otherwise specified, the materials in this Website are presented solely for the purpose of informing you about Whistle Sports’ offerings and services available in the United States and its territories, and possessions. We make no representation that materials in the Website are appropriate or available for use in other locations. If you access the Website from locations other than the United States, you are solely responsible for compliance with any applicable local laws.

Disclaimer

Without limiting the foregoing, everything on the Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE(S) OR THE SERVERS MAKING THE SITE(S) AVAILABLE ARE VIRUS FREE. We do not warrant that the functions contained in these materials will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials in this Website in terms of their correctness, accuracy, reliability, or otherwise.

Your use of the Website is at your risk. Whistle Sports will not be liable for any damages including direct, indirect, incidental, consequential, or punitive damages, arising out of your access to or use of the Website and however caused, whether in contract or tort. If you become dissatisfied in any way with this Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop using this Website and its services. (Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. If any portion of these limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Whistle Sports shall not exceed one hundred dollars ($100).)

Links

This Website may contain links allowing you to leave this Website for other sites that are not under our control. We are not endorsing any such linked sites. We are not responsible for the contents or transmission of any linked site or any link contained in a linked site or for ensuring that the linked sites are error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each site you visit.

Submitted ideas

All comments, suggestions, ideas, notes, drawings, concepts, recipes or other information disclosed or submitted to us by you through this Website or in response to solicitations in this Website (“Submitted Ideas”) shall be and shall remain our property. You understand and acknowledge that we have both internal and external resources which may have developed or may in the future develop ideas or other items identical to or similar to the Submitted Ideas and that we are only willing to consider the Submitted Ideas on these terms. In any event, no Submitted Idea is submitted in confidence and we assume no obligation, express or implied by considering the Submitted Idea. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Submitted Ideas of every kind and nature throughout the Universe and shall be entitled to unrestricted use of the Submitted Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Submitted Ideas.

Choice of law and enforcement

Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of New York, without regard for conflict of laws provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Your Agreement to Terms of Use

If you do not agree to these Terms of Use or the Privacy Policy posted on the Website, please do not use this Website. We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. Your use of our Website indicates acceptance of all terms.

Contact Information

You may contact us at agent@thewhistle.com with any comments