1. About us
We are Bornfight d.o.o., a company registered in the Republic of Croatia, Zagreb, Ulica Filipa Vukasovića 1, register number (MB): 081271774, personal identification number (OIB): 64834048134 („Bornfight“), and we operate the https://www.elevien.com (the “Website”) and Elevien mobile application (the „App“) available at Google Play and App Store where we provide online service which enables gymnasts to compete in international tournaments from their own gyms or training facilities and enables judges online scoring („Elevien“ or the “Service”). Whenever you access our Website, App or purchase our Service, these Terms apply.
The Terms as presented here apply to use of and registration with the Website via any device (PC, mobile phone, laptop, etc.) and via our App. The Terms represent agreement between you and Bornfight so it is of the essence that you go through them with patience and focus because ignorance in law excuses no one. By using our Website or our App, you agree to abide by the Terms as they are presented in this legal text. The Terms are changeable at any moment by Bornfight and by continuing to use the Website and App after we post any changes, you accept and agree to the Terms, as modified. If you do not agree with the Terms, please do not use this Website or App.
3. Website and App registration
In order for you to use this Website and App in full capacity, for example in order for you to be able to upload content or access content uploaded by other registered users, you will be required to register and create an account (the „account“). By creating an account or otherwise using this Website and App you confirm that:
- you are 16 or older,
- all the information you supply to us is true, correct and complete.
If you are under 16, you may use our Website and App only with involvement of a parent or legal guardian. If we reasonably suspect that you are underage and that you use our Website and App without your parent or legal guardian’s consent, we will terminate your account.
By creating an account you guarantee that all information your account contains are
- truthful, complete,
- do not represent identity theft, or violation of someone’s rights in any aspect,
- you will maintain the accuracy of such information and
- when registering on behalf of the entity that you represent, you also represent and warrant that you have the right, authority, and capacity to enter into these Terms.
If during the process of creating an account on the Website and App or accessing the Website and App you use verification from other websites, such as Facebook, Twitter, Google+, etc., you are automatically complying with its terms of service/use as well as these Terms.
You are entirely responsible for maintaining the confidentiality of your activation code, login information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Account content in general
Elevien allows you to post images, videos, or other materials for the competitive purpose to allow judges online scoring („User content“).
User content must be in compliance with applicable law and must not represent inappropriate behaviour, such as spamming, violence, harassment, bullying, posting pornographic materials or links to such, hate speech, or similar behaviour.
If your account or User content uploaded via your account is not in compliance with the Terms, or poses threat to other users, the Website or App itself, or in other way interfere with the Website or App performances, Bornfight reserves the right to suspend or terminate your account at any time and ban you from further usage, as well as the right not to publish it if such breach is detected before publishing.
This means that if you or any user of your account breaches the Terms and this breach results in legal action being taken against Bornfight, including its respective directors, employees, agents, joint ventures, subsidiaries, you are responsible for any and all compensation for such damages, costs and expenses, including, but not limited to attorney’s fees and expenses incurred by the breach, the Court fees or third party fees in connection to the legal action.
By using the Website and App, you are aware of the possibility and the risk that you will be exposed to content that may be offensive, indecent or otherwise harmful to you.
Furthermore, if Bornfight at any time comes across content which is not in compliance with the Terms, such content will be removed from Website and App without delay. Every user of the Website and App is obliged to report any sort of content which is not in compliance to the Terms.
User generated content
Elevien is a sports application that enables gymnasts to compete in international tournaments from their own gyms or training facilities where a tournament or exercise takes place, so you are allowed to upload content which is in accordance with the aforementioned purpose.
Part of the idea behind Elevien is to create universal media on which participants can upload their content and redefine the way competitions are organized and conducted.
You have the right to post any User Content which you post via Website or App, and that such User Content, or its use by us does not violate the Terms, applicable law, especially intellectual property, publicity or privacy rights of others.
By adding and uploading User content you acknowledge that you have permission from any third party whose personal information or intellectual property is in the User content and that User content is free of viruses, adware, spyware, worms or other malicious code.
By uploading User content, you agree that User content will be made available to all participants in sporting event.
4. Intellectual property
Elevien is an online service; therefore it is important to us to create an environment where our users will be able to freely publish content online, while respecting all intellectual property rules.
Bornfight grants you a non-exclusive, non-transferable, non-sub-licensable, revocable limited licence to access and use the Website and App for your own non-commercial purposes. Such licence is subject to the limitations as stated below and you agree not to use the Website, App or Service for any other purpose.
All intellectual property in the design and layout of the Website and App and the material and information published on its pages including text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Website and App belongs to Bornfight You may not copy any part of the Website and App or otherwise do anything in relation to any part of the Website and App. You may not otherwise use or reproduce any of the Website and App or the material contained within it in any manner without first obtaining the prior written permission of Bornfight.
Use of any part of or content from the Website and App for commercial purposes of any kind is prohibited. To request permission to use any of the content on the Website and App for commercial purposes, please contact our company at elevien [email protected]. Under no circumstances may any of the content on the Website and App be displayed on either a commercial or personal website or application without obtaining prior permission. Unauthorised use of any information from the Website and App may violate copyright, trademark and other laws.
You may not link or frame to any pages of the Website and App or any content contained therein, whole or in part, without prior written consent from Bornfight. Any rights not expressly granted herein are reserved.
Elevien is provided free of any charge. If we decide to charging for using our Services, we will give you no less than 30 days’ advance notice of any material changes via a message to your Elevien account.
While we do not anticipate frequent changes in regards to the payment of our Services, we reserve the right to change these Terms to reflect factors such as changes to our business, different product offerings, or new economic conditions.
6. Warranty disclaimer & limitation of liability
The Service are provided to you 24 hours a day, 7 days a week, with the exception of days when we have regular or extraordinary technical maintenance, about which we will try to inform you in advance, but we are not bound by such duty.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service on the Website and App are provided to you strictly on an “as is” basis, “with all faults” and “as available”.
Bornfight does not give you warranty and negates in advance all warranties on the use or the results of the use of the Website and App, including all content therein, in terms of its correctness, usefulness, accuracy, reliability, or otherwise. Bornfight does not warrant that the Website and App or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the sites or the servers that make sites available are free of viruses or other harmful components. You assume the entire cost of all necessary servicing, repairs, and correction of any of your systems.
In no event shall Bornfight be liable to you or any third party for damages of any kind arising out of or in connection with provided services on the Website and App, the use of or inability to use or improper use of the Website and App, any information posted on the Website and App by its users, or any other information, content, materials or services available on the Website and App (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, business interruption, or loss of data).
7. Website and App usage
It is in our primary focus to provide you with a service that meets the highest standards, but it is also important that the use of the Website and App is within the limits of the agreed spectrum of services and it is prohibited to use the Website and App contrary to the Terms.
Therefore, you are not allowed to:
(a) licence, sublicense, sell, resell, rent, lease, transfer, assign, distribute, host, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms;
(b) use the Service to process data on behalf of any third party,
(c) institute, assist, or become involved in any type of attack, such as viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(d) modify, copy or create derivative works based on the Service
(e) disassemble, reverse engineer, decompile or decipher the Service or
(f) otherwise use the Service in contravention of copyright laws, other laws, or the Terms.
Any unauthorized, infringing, or unlawful use of the Service is your sole and absolute responsibility.
8. Privacy statement and confidentiality
Information that will be directly or indirectly exchanged during our contractual relationship is strictly confidential and cannot be used for gaining advantage in the market competition. Each party shall take at least those measures that it takes to protect its own most highly confidential information but in no circumstances less than reasonable care.
Bornfight can modify and update at any moment, add, change, discontinue, remove, or otherwise modify any other content posted on the Website and App, temporarily or permanently, at any time without notice or liability.
10. Force majeure
In case of a delay or failure to perform as a consequence of an unforeseeable cause that could not be prevented, avoided or removed, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Bornfight’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials, Bornfight shall not be liable.
11. Disputes and Complaints
We suggest and encourage you to informally resolve any dispute directly with Bornfight. The informal dispute resolution process starts when you give Bornfight written notice of the dispute through our e-mail: [email protected].
If informal dispute resolution fails, please note that dispute resolution will be subjected to Croatian law and exclusive jurisdiction of the Croatian courts.
If you are a customer from the European Union, the UK, Norway, Iceland or Lichtenstein, you can always initiate resolving such dispute or complaint via a settlement platform (Online dispute resolution platform) available at ec.europa.eu/consumers/odr.
12. Third Party Restrictions
The Website and App, including content therein, may contain links to third-party sites, websites, or applications. Bornfight does not control and is not responsible for the content of such third-party sites, websites, or applications or the conduct of the operators of such third-party sites, websites, or applications, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party sites, websites, or applications. If you decide to access linked third-party sites, websites, or applications, you do so at your own risk. Your use of all third-party sites, websites, or applications is subject to the applicable policies of those third parties.
13. Updates and modifications
The Terms are subject to occasional changes. By continuing to use the Website and App, you accept any possible changes. Bornfight has no obligation to notify you of any changes.
It is your responsibility when using this site to familiarize yourself with all changes and modifications to the Terms, as well as to the content of the Website and App.
There is a possibility to change or modify certain parts of the Website and App, or to discontinue certain services.
14. Miscellaneous provisions
- (a) If any term in these Terms is, for any reason whatsoever, held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms,
- (b) Bornfight’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between any party referred to herein nor trade practice shall act to modify any provision of the Terms,
- (c) Bornfight shall be entitled to assign, transfer, pledge or otherwise alienate its rights hereunder, in whole or in part, at any time at our own discretion without any notice to you. You hereby acknowledge and agree that you are not entitled to transfer any rights or obligations hereunder, including, but not limited to, any rights associated with your account related to the Website, App or the Service,