The following sets forth the terms of use (“Agreement”) under which ChronoTrack Systems Corp. (“ChronoTrack”) makes available the ChronoTrack Live API (as defined herein) to approved licensees. By using the ChronoTrack API, you and your organization consent to all of these terms, which may changed at any time and posted at http://api.chronotrack.com/dev/index/license. If you access or use the Chronotrack Live API on behalf of a company or other principal, you represent and warrant that you have authority to bind such company or principal and that the terms and conditions contained herein are binding on the company or principal. All references to “You” or “Your” herein shall refer to such company or principal.
Use of ChronoTrack Live API. The ChronoTrack Live API is a service that provides retrieval access to certain data from ChronoTrack’s race management and scoring system (“ChronoTrack Live Data”). In order to access ChronoTrack Live API, You must register with ChronoTrack by creating a Developer Account. You will be provided a Client Identifier that must be used to make calls to the ChronoTrack Live API. You must not share Your Client Identifier, username or password and You must keep all Developer Account information secure. All ChronoTrack Live API requests are secured by the OAuth 2.0 authorization framework. Your applications shall present users with the ability to log into the ChronoTrack Live services through the ChronoTrack Live API via the OAuth 2.0 protocol. Users without an account on the ChronoTrack Live services shall be presented with an opportunity to create such an account.
License to Use Chronotrack API. Subject to the terms and conditions set forth in this Agreement and acceptance as a Developer through registration and creation of a Developer Account, ChronoTrack hereby grants you access to the ChronoTrack Live API, permission to implement the ChronoTrack Live API on Your Web site(s), and permission to distribute Your race or event data to consumers for their personal use without charge on your Web Site(s). This license is subject to the prohibitions on use contained in Section 3 herein and Your adherence to the ChronoTrack Live Privacy Policy (http://www.chronotrack .com/company/privacy-legal/) and all rules and guidelines established by ChronoTrack which may be amended or changed from time to time. If ChronoTrack believes, in its sole discretion, that You have violated or have attempted to violate any term, condition or the spirit of this Agreement, ChronoTrack may temporarily or permanently revoke Your access and use of the ChronoTrack Live API. Additionally, ChronoTrack reserves the right to temporarily or permanently suspend the ChronoTrack Live API at any time, for any reason, and without notice to You.
Prohibited Uses of Chronotrack API. You may not use the ChronoTrack Live API to substantially replicate the services of ChronoTrack Live. In addition, You may not: (a) use the ChronoTrack Live API or the ChronoTrack Live Data to create or maintain a separate similar platform or service or use the ChronoTrack Live API to aggregate, consolidate or otherwise arrange, display or make available ChronoTrack Live Data with any ChronoTrack competitors’ content or for any purpose that ChronoTrack, in its sole discretion, determines is inconsistent with its brand or reputation; (b) display any form of advertising within ChronoTrack Live or replicate the look and feel of ChronoTrack Live in an advertisement in your application; (c) use the ChronoTrack Live API, ChronoTrack Live or the ChronoTrack Live Data in any manner that could potentially undermine the security of the ChronoTrack Live API, ChronoTrack Live or ChronoTrack Live Data; or (d) make any content modifications to the ChronoTrack Live Data, other than to modify or format the content for proper display in Your application. You agree that you will contact ChronoTrack immediately should you experience any actual or suspected unauthorized access to the ChronoTrack Live API using Your Developer Account credentials.
Intellectual Property and Proprietary Rights. ChronoTrack Live, the ChronoTrack Live API, the ChronoTrack Live Data, and the ChronoTrack brand and marks are all the property of ChronoTrack Systems Corp. and subject to the intellectual property rights of ChronoTrack Systems Corp. © 2012 ChronoTrack Systems Corp. All rights reserved.
Use of ChronoTrack Live Marks. You may not use or include any trademarks that are similar to, or derivative of, ChronoTrack’s marks within Your Application or use any ChronoTrack marks in a manner that creates or may create a sense of endorsement, sponsorship or association with ChronoTrack Live, unless ChronoTrack has given You written consent to such use.
Your Representations and Warranties. You represent and warrant that: (a) You have, and will continue to have, all required rights and licenses related to Your applications and that Your use of the ChronoTrack Live API, ChronoTrack Live or the ChronoTrack Live Data will not infringe or otherwise violated any third party rights, including but not limited to third party intellectual property rights, and (b) Your use of the ChronoTrack Live API, ChronoTrack Live or the ChronoTrack Live Data comply, and will continue to comply, with all applicable foreign, federal and state laws, rules and regulations.
Privacy. To the extent that you have access to the ChronoTrack Live Data, You should only use in accordance with the then-current ChronoTrack Live Privacy Policy (http://www.chronotrack .com/company/privacy-legal/). In addition to the prohibited uses outlined in Section 3, You should not use the ChronoTrack Live Data for any improper purposes, including but not limited to, spamming, fraud, or violation of any foreign, federal and state laws, rules and regulations. If You collect information from a user through Your application, You must provide an applicable privacy policy that discloses Your collection, use and storage practices, including any disclosure to any third party and such policy must comply with all applicable data privacy laws and regulations.
NO WARRANTIES AND NO SUPPORT. YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE CHRONOTRACK LIVE API IS PROVIDED "AS IS”, “WHERE IS”, AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OR SUPPORT OF ANY KIND AND AT YOUR SOLE RISK. NO STATEMENTS BY CHRONOTRACK, WHETHER ORAL OR IN WRITING, TO YOU SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. EXCEPT TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, CHRONOTRACK DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE CHRONOTRACK API, CHRONOTRACK LIVE, ANY DATA CONTAINTED THEREIN, INCLUDING BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A VIRUS. CHRONOTRACK IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADAQUACIES IN THE CONTENT OF, THE CHRONOTRACK API, CHRONOTRACK LIVE, OR ANY PARTICULAR DATA, FEATURES, OR SERVICES OFFERED THEREIN. CHRONOTRACK DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES WITHIN THE CHRONOTRACK LIVE API OR CHRONOTRACK LIVE OR THE ERROR-FREE USE OF SUCH. CHRONOTRACK IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR OTHER TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION, INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S ELECTRONIC DEVICE(S) RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE CHRONOTRACK LIVE API OR CHRONOTRACK LIVE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CHRONOTRACK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THIS AGREEMENT. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS CHRONOTRACK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE CHRONOTRACK LIVE API, CHRONOTRACK LIVE OR USE OF ANY DATA CONATINED THEREIN.
LIMITATION OF LIABILITY. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CHRONOTRACK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO ME OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHRONOTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF THE CHRONOTRACK LIVE API, CHRONOTRACK LIVE, USE OF ANY DATA THEREIN, YOUR INABILITY TO USE OR MALFUNCTIONS OF THE CHRONOTRACK LIVE API, CHRONOTRACK LIVE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE CHRONOTRACK LIVE API, CHRONOTRACK LIVE OR ANY OTHER MATTERS RELATING TO YOUR USE OF SUCH.
Termination. You may terminate this Agreement by ceasing to use the ChronoTrack Live API, ChronoTrack Live or the in any manner and deleting all copies of the ChronoTrack Live Data. ChronoTrack Live may change, terminate or suspend its services at any time and for any reason without notice to You. If this Agreement is terminated for any reason, the license and access shall also terminate. Upon termination of this Agreement and the license, You shall cease using and return or destroy all ChronoTrack Live Data in Your possession and shall, upon request, certify that such return or destruction has occurred. Sections 1,4,6,7,8,9, 10 and 11 shall survive termination of this Agreement.
Notices. All notices to ChronoTrack should be sent via email to: legal@chronotrack.com.
Other. To the extent that any part of the terms and conditions in this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement shall remain in full force and effect. You agree that ChronoTrack’s failure to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.
