Last Revised: September 09,2022
We love when people use Athes but do have some limits on who may register.
b. Registrant requirements - Location. You must be located in the United States to be a Registrant. Although Athes is accessible worldwide, it is not necessarily appropriate for use outside the United States. Athes and your registration are void where prohibited. If you choose to access Athes from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
While Athes may be accessible via the Internet from Albania to Zambia, it is not designed for use in all countries.
Different requirements apply to individuals of different ages. If you are 17 years of age or younger, parental consent is required to use Athes.
a. Uploading and sharing content. Athes allows you to upload and share content, including personal and athletic information about yourself, members of your team, or others. Anything that you upload or otherwise make available on Athes is referred to as “Your Content.” You retain all rights in, and are solely responsible for, Your Content. You are solely responsible for obtaining any and all consents or permissions to upload or make available Your Content and have sole responsibility for complying with any and all laws regarding Your Content. Once you elect to share Your Content through Athes, it cannot always be withdrawn or returned to you.
You are responsible for what you upload and share, and once it’s uploaded and shared, it cannot always be taken back.
You own your content, but you give us permission to use it in order to operate and provide the app.
If you close your account or remove content, we may keep a copy of it for certain business purposes.
d. Feedback you provide. If you choose to submit comments, ideas or feedback to us, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Athes does not waive any rights to use similar or related feedback previously known to Athes, or developed by its employees, or obtained from sources other than you.
We love feedback and your ideas, and if you submit a comment to us, we may use it however we want.
e. Athes Content. As between you and Athes, we own the “Athes Content,” which includes but is not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Your Content and other Athes Content, computer code, products, software, and all other elements and components of Athes excluding any third-party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Athes Content and Athes, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Athes Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Athes and the Athes Content are retained by us.
We own what we developed and everything that makes up Athes.
a. General. Athes is a platform that permits Registrants to voluntarily upload and share information, including personal and athletic information. You are at all times in full control of what personal information, if any, is uploaded and shared by you through Athes.
Athes is a platform for building community. You are in full control of what (if anything) you decide to share on Athes.
Athes has established certain basic requirements for the use of our app and we require you to adhere to them. The purpose of these requirements is to set forth how you may use Athes and certain behavior and actions that are prohibited. When using Athes, you are not allowed to upload or share anything that:
Further, you are not allowed to:
You must comply with these rules when using Athes. These rules are our community standards and help keep Athes safe and enjoyable for all users.
Keep in mind the following:
A copyright owner or an agent thereof who believes that content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Athes’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Athes’s designated Copyright Agent to receive notifications of claimed infringement is:
Athes LLC email@example.com
NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.
We take copyright law very seriously, and if you have a concern about what you see on Athes, please let us know.
We care about the security of our Registrants. While we work to protect the security of Your Content and account, Athes cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
In this day and age, no application is 100% secure but we take reasonable measures to protect your content and your account.
Athes may contain links to third-party websites, services, offers, or other events or activities that are not owned or controlled by Athes. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any such third party website, service, or content, you do so at your own risk and you agree that Athes will have no liability arising from your use of or access to any third-party website, service, or content.
Sometimes, Athes may contain links to a website that is not ours.
If we are sued because of something you have done, you have to pay our costs.
Athes and all included content, applications, and technologies are provided on an “as is” basis without warranty of any kind, whether express or implied. ATHES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Athes takes no responsibility and assumes no liability for Your Content or your use of it or the use of it by another Registrant. Athes further takes no responsibility and assumes no liability for the actions or omissions of Registrants.
This is our disclaimer of liability for the quality, service, operation or reliability of Athes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, YOUR CONTENT, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ATHES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON ATHES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER REGISTRANTS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR YOUR CONTENT. IN NO EVENT SHALL ATHES’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ATHES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Our liability is limited to $100.00 and we aren’t liable for many costs or damages that you may incur.
For any dispute you have with Athes, you agree to first contact us and attempt to resolve the dispute with us informally. If Athes has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Athes agree otherwise, the arbitration will be conducted in Connecticut. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except as otherwise required by AAA rules or applicable law. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to Athes.
If there is a dispute between you and us, we hope we can work it out. If not, the dispute will be resolved through this arbitration process.
If we have a dispute, we will use Connecticut law and any lawsuits will be heard in Connecticut.
Questions? This is how you can contact us.
If your use of Athes is terminated or you deactivate your account, we have no obligation to store your content.
f. Limitation on Legal Action. YOU AND ATHES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.