Agreement To These Terms
These Terms of Use (“Terms”) form a binding agreement between you and SPORTS
TIMING SOLUTIONS LLP (“STS”, “we”, “us” or
“our”) concerning your access to and use of the STS website, applications,
profiles, event galleries, search and matching
features, downloads and related services (collectively, the “Services”).
By creating an account, accepting these Terms where an acceptance mechanism is
presented, purchasing or downloading
content, or otherwise using the Services, you agree to be bound by these Terms.
If you do not agree, you must not use the
Services.
If you are using the Services on behalf of an organisation, you represent that
you have authority to bind that organisation, and
“you” includes that organisation.
Definitions
“STS Content” means the software, website, interface, design, text, graphics,
trademarks, logos, search and matching
technology, databases, metadata, system-generated information and other material
owned, controlled or licensed by STS,
excluding third-party content expressly identified as such.
“Event Content” means photographs, event information, results, participant
information and other material supplied to STS by
an organiser, photographer, timing provider, participant or other authorised
party.
“Personal Data” has the meaning given under applicable Indian data-protection
law.
“Unauthorised Access” includes access to a system, account, endpoint, API,
gallery, file, profile or data without permission or
beyond the permission granted by STS.
Eligibility And Accounts
You must provide accurate information where the Services require registration or
profile creation and must keep account
credentials confidential. You are responsible for activity carried out through
your account unless you promptly report
unauthorised use.
You must not create an account using another person's identity, create accounts
for deceptive or abusive purposes, or use the
Services to impersonate another person or organisation.
Profiles And User-Submitted Information
STS may allow users to create profiles and submit information for display or use
within the Services. You retain rights you
already hold in information or content you submit, subject to the rights and
permissions necessary for STS to operate the
Services.
You must not submit information that you do not have the right or authority to
provide, or deliberately submit false, misleading,
defamatory, unlawful or harmful information.
You are responsible for reviewing your profile and available visibility
controls. STS may remove, restrict or disable information
where reasonably necessary for security, legal compliance, rights protection or
operation of the Services.
Photographs And Other Content
Photographs are protected by copyright and other applicable rights. The fact
that a photograph, thumbnail, gallery or profile is
accessible through the Services does not grant you ownership of or a general
licence to reproduce, sell, publish, redistribute or
commercially exploit it.
Unless expressly stated otherwise, the rights in photographs supplied by
photographers or other rights holders remain with the
applicable rights holder. STS's role in hosting, organising, displaying,
matching or delivering photographs does not by itself
transfer ownership to STS or to a viewer.
Where STS provides a download, the applicable download or purchase terms govern
the permitted use. In the absence of a
broader express licence, a download is for the personal use reasonably
contemplated by the relevant Service and does not
authorise resale, bulk redistribution, commercial licensing, removal of
attribution/watermarks, or creation of a competing
database.
Limited Licence To STS For User Content
To the extent you submit photographs, profile images, text or other content to
STS, you grant STS a non-exclusive, worldwide,
royalty-free licence for the period necessary to provide, secure, maintain and
improve the Services, including hosting, storing,
reproducing, processing, displaying, formatting, transmitting and making the
content available to the audiences and recipients
you select or that are required by the relevant event service.
This licence does not transfer ownership of your content to STS. STS will not
use user-submitted content for an unrelated
commercial purpose merely because you submitted it, except where separately
authorised or permitted by applicable law.
STS Intellectual Property
STS and its licensors retain all rights, title and interest in STS Content.
Except for the limited right to use the Services in
accordance with these Terms, no licence is granted by implication, estoppel or
otherwise.
You must not copy, reproduce, mirror, modify, translate, reverse engineer,
decompile, disassemble, extract, create derivative
works from, commercially exploit or otherwise use STS Content except as
expressly permitted by STS in writing or by mandatory
law.
Prohibited Access, Scraping And Data Extraction
The following activities are strictly prohibited, whether carried out manually,
automatically or through a third party:
- scraping, crawling, spidering, harvesting or systematically collecting information from the Services;
- using bots, scripts, headless browsers, automated browser tools, data-extraction software or similar mechanisms to access or collect STS Content or Personal Data;
- bulk downloading, bulk searching, systematic retrieval of photographs, profile records, event records, metadata or search results;
- enumerating URLs, identifiers, gallery paths, profile IDs, API endpoints, file paths or other resources for the purpose of discovering or extracting data;
- creating a mirror, archive, index, catalogue, dataset, database or competing service using STS Content or information obtained through the Services;
- reselling, licensing, redistributing or commercially exploiting photographs, participant information, profile information, search results or other data obtained through STS;
- using information obtained through STS to identify, locate, track, profile or contact individuals outside the purposes for which the information was made available;
- combining STS data with external datasets to identify, profile, enrich or commercially analyse individuals;
- using STS photographs, profile information, Personal Data, visual data, metadata or derived information to train, fine-tune, test, validate or improve an artificial-intelligence, machine-learning, facial-recognition, computer-vision or similar model or dataset, unless STS has expressly authorised that use in writing;
- attempting to obtain another person's credentials, session tokens, authentication factors or private information;
- bypassing or attempting to bypass authentication, access controls, rate limits, CAPTCHAs, signed URLs, download restrictions, watermarking, anti-bot measures or other technical controls;
- probing, scanning, exploiting or attempting to exploit vulnerabilities in the Services without prior written authorisation under an approved security-testing arrangement;
- using the Services in a manner that imposes an unreasonable load, interferes with availability, disrupts other users or threatens the security or integrity of STS systems; and
- assisting, directing, procuring, funding or knowingly permitting another person to carry out any prohibited activity.
Public Availability Is Not Permission To Extract
The technical accessibility of a page, image, file, URL, API response or other
resource does not constitute permission to copy or
extract it. A robots.txt file, absence of a CAPTCHA, a publicly reachable URL,
browser-visible content or any other technical
characteristic of the Services must not be interpreted as a licence or consent
to systematic extraction.
STS may use technical and contractual measures to distinguish ordinary human use
from automated or abusive access. Attempts
to defeat those measures are prohibited regardless of whether the attempt
succeeds.
Unauthorised Access, Misuse And Enforcement
STS treats unauthorised access, extraction or disclosure of Personal Data,
photographs and other protected information as a
serious violation of these Terms. Where STS reasonably believes that misuse or
an attack has occurred, it may, without prejudice
to other rights and remedies available under law:
- suspend or terminate accounts and access;
- block IP addresses, devices, sessions, credentials, tokens or other technical identifiers;
- preserve logs, access records, account information and other evidence relevant to the activity;
- investigate and engage appropriate security, forensic, legal or other professional advisers;
- issue notices requiring cessation, deletion, return or confirmation of non-retention of improperly obtained material, where appropriate;
- seek interim, injunctive, equitable or other court relief to prevent continuing or threatened misuse;
- seek damages, compensation, restitution and recovery of legally recoverable costs and expenses;
- enforce indemnification obligations under these Terms or a separate agreement;
- make complaints or reports to law-enforcement agencies, regulators, CERT-In or other competent authorities where appropriate or required; and
- take any other civil, contractual, statutory or criminal remedy available under applicable law.
Indemnity
To the maximum extent permitted by applicable law, you agree to indemnify and
hold harmless STS, its partners, officers,
designated partners, employees, contractors and service providers from
third-party claims, losses, liabilities, damages,
penalties, costs and reasonable professional expenses arising from your unlawful
use of the Services, your breach of these
Terms, infringement of another person's rights, unauthorised submission or
disclosure of Personal Data, or prohibited access,
extraction or misuse of STS Content.
Nothing in this clause requires you to indemnify STS for a matter finally
determined to have resulted solely from STS's own wilful
misconduct or for any liability that cannot lawfully be transferred to you.
Security And Responsible Disclosure
If you identify a genuine security vulnerability, you must report it through the
security contact published by STS and must not
access, retain, publish, disclose, sell or copy Personal Data or other
confidential information encountered during testing.
Security testing, penetration testing, vulnerability scanning or automated
probing requires prior written authorisation from STS
unless STS has expressly published a programme permitting the activity.
Good-faith reporting does not authorise access to other
users' information.
Availability And Third-Party Services
STS may rely on third-party hosting, storage, payment, communication, analytics,
event, timing and other service providers.
Their services may be subject to their own terms and availability. STS does not
guarantee uninterrupted or error-free operation
of every third-party dependency.
STS may modify, suspend or discontinue a feature where reasonably necessary for
security, legal compliance, maintenance,
business reasons or changes to the Services.
Disclaimers
The Services are provided subject to applicable law and the express commitments
stated in these Terms. STS does not
guarantee that every photograph will be captured, identified, matched, displayed
or available for download, or that
search/matching will always be complete or accurate.
STS does not control the conduct of event organisers, photographers,
participants or unrelated third parties. Where content or
information is supplied by such parties, responsibility for the accuracy,
ownership and authority to provide it may remain with
the supplying party, subject to applicable law and STS's own obligations.
Nothing in these Terms excludes or limits liability that cannot legally be
excluded or limited under Indian law.
Limitation Of Liability
To the maximum extent permitted by applicable law, STS will not be liable for
indirect, incidental, special, consequential or
punitive losses, or for loss of profits, business opportunity, goodwill or
anticipated savings arising from use of the Services.
To the extent a limitation of monetary liability is legally permissible, STS's
aggregate liability for a claim arising from a particular
paid Service will be limited to the amount actually paid by the claimant to STS
for that Service during the applicable period,
except to the extent a different limit is required by law. This clause does not
limit STS's obligations or liability where such
limitation is prohibited by applicable law.
Suspension And Termination
STS may suspend or terminate access where you breach these Terms, create a
security or legal risk, misuse another person's
information, engage in scraping or automated extraction, fail to comply with
payment obligations, or where suspension is
reasonably necessary to protect users, rights or the Services.
Termination does not affect provisions that by their nature should survive,
including intellectual property, confidentiality,
prohibited use, indemnity, limitations of liability, dispute resolution and
accrued rights.
Copyright And Rights Complaints
If you believe a photograph or other material made available through the
Services infringes your rights, contact STS through the
published legal or copyright contact and provide sufficient information to
identify the material, the right claimed, the basis of
the complaint and your contact details. STS may request additional information
and may take appropriate action consistent with
applicable law and contractual arrangements.
Governing Law And Dispute Resolution
These Terms are governed by the laws of India. Subject to any mandatory
jurisdiction or consumer rights applicable to a
particular transaction, disputes shall be subject to the jurisdiction of the
courts having appropriate jurisdiction over STS's
principal place of business in Mumbai, Maharashtra.
STS may seek urgent interim or injunctive relief from a competent court where
necessary to protect Personal Data, intellectual
property, confidential information, security or the integrity of the Services.
General
If any provision of these Terms is held invalid or unenforceable, the remaining
provisions will continue to apply to the extent
permitted by law. Failure by STS to enforce a provision is not a waiver of its
right to enforce it later.
STS may update these Terms from time to time. Continued use after the effective
date of revised Terms constitutes acceptance
to the extent permitted by law. Material changes will be communicated through
appropriate means where required.