Legal Stuff

TERMS OF USE

WHAT'S IN THESE TERMS? These Terms of use (“Terms”) tell you the rules for using the website www.fiveislandchallenge.com (the “Site”).

WHO WE ARE AND HOW TO CONTACT US The Site is operated by the C.E.S. Corporation ("Us" or "We"). We are registered in the United States. To contact us, please email info@thecescorp.com.

INFORMATION ABOUT THE SITE The Site provides information about, and news on, the series of races known as the “Five Island Endurance Challenge” (the “5IEC Series”). The Site will also permit users to register with Us, view how many of the races that comprise the 5IC Series they have participated in.

BY USING THE SITE YOU ACCEPT THESE TERMS By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Site. We recommend that you print a copy of these Terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU These Terms refer to the following additional terms, which also apply to your use of the Site, and which are hereby incorporated by reference: Our Privacy Policy, which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy. If you purchase official Five Island Challenge goods via the site managed by our partner, their terms and conditions of supply and privacy policy as published on such site will apply to the sales.

WE MAY MAKE CHANGES TO THESE TERMS We may amend these Terms from time to time. Every time you wish to use the Site, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on May 4, 2019.

WE MAY MAKE CHANGES TO THE SITE We may update and change the Site from time to time.

YOUR OBLIGATIONS You shall:

comply with all applicable laws and regulatory requirements in relation to your use of the Site and you will not use the Site to do anything unlawful, misleading, malicious, or discriminatory;
not represent yourself as the Site or an agent or partner of the Site or make any representations, warranties or guarantees in respect of the Site;
use the Site for a commercial purpose, unless expressly authorized by Us and shall not post unauthorised commercial communications (such as spam) on the Site;
not collect users' content or information, or otherwise access search or scrape the Site, using automated means (such as, spiders, harvesting bots, robots or scrapers), though this does not prohibit crawling by search engines where this in accordance with the provisions of the robots.txt file;
not upload or distribute viruses or other malicious code;
not solicit login information or access an account belonging to another user or undertake any related actions that violate the privacy or publicity rights of another user or any other person or entity;
not disrupt (or attempt to disrupt) the normal operation of the Site and shall not do anything that could disable, overburden, or impair the proper working or appearance of the Site;
not facilitate or encourage any violations of these Terms or the other policies;
not frame the Site on any other website;
not circumvent (or attempt to circumvent) the security or authentication measures adopted by us;
not access (or attempt to access) any of the software, databases or systems that support the operation of the Site;
not use our name or logos, other than to identify in a lawful manner the goods and services provided by Us or our licensees;
not use other people's email addresses in order to register an account;
not impersonate another person or entity;
not disseminate links to malicious content that could damage or disrupt another user's computer system; and/or
not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or We give you express written permission.

You are responsible for:

your use of the Site;
maintaining regular backups of the data on your computer;
ensuring that any computer or device that you use in connection with the Site has up-to-date anti-virus software; and
safeguarding the login and password that you use in connection with the Site.

We encourage you to use “strong” passwords with your account.

WE MAY SUSPEND OR WITHDRAW THE SITE The Site is made available free of charge. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for any reason in our sole discretion, including business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Us at info@fiveislandchallenge.com.

HOW YOU MAY USE MATERIAL ON THE SITE We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organization to content posted on the Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged. You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from Us or our licensors.

DO NOT RELY ON INFORMATION ON THIS SITE The content on the Site is provided “AS IS” and “WITH ALL FAULT” and for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although We make reasonable efforts to update the information on the Site, We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES CONCERNING THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Please note that We only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that We have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, We will either repair the damage or pay you compensation.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access the Site. You should use your own virus protection software. You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

RULES ABOUT LINKING TO THE SITE You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to link to or make any use of content on the Site other than that set out above, please contact info@fiveislandchallenge.com.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES? These Terms, their subject matter and their formation, are governed by the laws of [the State of Texas] and to the extent not addressed by the laws of Texas, the laws of the United States. You and We both agree that the courts of the [State of Texas] will have exclusive jurisdiction over any action involving the interpretation or enforcement of any provision of these Terms.

OUR TRADE MARKS ARE REGISTERED You are not permitted to use our trademarks without our approval, unless they are part of material you are using as permitted under How you may use material on the Site.

ENTIRE AGREEMENT These terms, together with any documents incorporated by reference, constitute the entire agreement between You and Us concerning use and access to the Site.

PRIVACY POLICY

Effective May 11, 2019 The Caribbean Endurance Sports Corporation (“C.E.S.,” “we,” or “us”) respects the privacy of our website visitors and other individuals. This Privacy Policy describes how we collect, use, and share information in connection with our websites (“ Websites ”) and services (“Services”). It also explains your rights and choices with respect to such information and the steps you can take to protect your privacy. Please read this policy carefully and let us know if you have any questions. By visiting or using the Services or clicking “I agree” or any other button indicating your acceptance of this Privacy Policy, or otherwise providing information to the C.E.S., you are consenting to the collection, use, and sharing of your information as described in this Privacy Policy. The information that we collect in connection with our Services is controlled by the Caribbean Endurance Sports Corporation, which is headquartered in the United States.. As a result, such information may be transferred to and processed in the United States, as described in the section below titled “Information for Individuals Outside the United States.”

INFORMATION THAT WE COLLECT We and our service providers collect a variety of information through the Services, including: Account and profile information. We collect information when you create an account or edit your profile, such as your name, username, password, email address, and race history.

Event Registration Or Volunteer Information. We collect information when you register at our website store, such as your name, address, email address, phone number, country of residence, age or date of birth, gender, race history, and payment information, that you provide directly to us as necessary for participation or purchase. Our third-party service providers may also collect your payment card information when you submit your registration.

Race Activities And Results. We collect information, such as your race finishing results, when you participate in a race or other event that we organize. We may share this information with the general public through our Services, as described in the section below titled “How We Share Information.” Information you provide to us directly or through the Services. We collect information that you provide to us directly or through the Services, such as when you post questions or comments, respond to surveys, rate the events, or communicate with us.

Information Collected Automatically. When you use our Services, we or our third-party service providers may automatically receive and record certain information. For example, this may include your device’s IP address, user-agent string, information about your use of the Services during your current session and over time (including the pages you view and the files you download), the date and time of your visit, links you click, searches conducted, the website visited before navigating to the Services, your software and hardware attributes (including browser and operating system type and version, App version, device type, and device identifiers), and your general location inferred from IP address. To obtain such information, we or our third-party service providers may use the following technologies to recognize your device and collect information about your Services usage:

Server Logs. When you use the Services, we automatically receive and record certain information from your computer (or other device) and your browser. To obtain such information, we may use server logs or applications that recognize your device and gather information about its online activity.

Cookies. We may also use cookies on the Services. Cookies are small files that are stored on your device by your web browser. A cookie allows us to recognize whether you have visited before and may store user preferences and other information. If you are concerned about having cookies on your device, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your device. However, if you choose to block or delete cookies, certain features of the Services may not operate correctly.

Web Beacons, Tags, Pixels, And Similar Technologies. The Services or the emails that you receive from us may use an application known as a “web beacon” (also known as a “tag” or “pixel”) and similar technologies. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data. For example, it may allow an email sender to determine whether a user has opened a particular email.

Mobile advertising IDs. We may use mobile advertising identifiers (such as Apple’s IDFA or Google’s Advertising ID) to collect information for analytics purposes, as described in the section below titled “Third-Party Analytics.” We may combine information collected through the Services with information that we collect in other contexts, such as information from our email communications or phone calls with you, or data that we collect at races and events. We will treat such combined information in accordance with this Privacy Policy.

HOW WE USE INFORMATION THAT WE COLLECT We and our service providers use the information that we collect for a variety of purposes, including: Providing the Services. To provide our Services to you, organize races and events, fulfill the terms of any agreement you have with us, respond to your requests, and for other purposes related to managing our organization;

Communicating With You. To communicate with you regarding your account, events for which you have registered, important updates regarding our Services, and other administrative issues; Sending C.E.S. newsletters or other promotional messages. To send you newsletters or other promotional messages regarding our Services and the events that we organize;

Enabling Community Features. To allow you to ask questions, post comments, and communicate with other users on the Services;

Tailoring Our Content And Advertisements. To tailor content on the Services and target our advertising; Conducting analytics and improving our services. To count and recognize visitors to the Services, analyze how visitors use the Services, improve the Services, create new products and services, and conduct analytics, including as described in the section below titled “Third-Party Analytics”;

Compiling Aggregated And De-Identified Information. To compile aggregated and de-identified statistics or reports that we may share with our partners or other third parties; Legal purposes. For legal or other necessary purposes, including as described below in the section below titled “How We Share information.”

HOW WE SHARE INFORMATION We share information with third parties for a variety of reasons, including as follows:

Service Providers. We may use third-party service providers to help us manage and improve our Services and organize events. These service providers may collect and use your information to assist us in achieving the purposes discussed in this Privacy Policy. For example, we may use third parties to assist with events, mail printed materials, communicate with runners, perform data storage and processing services, process payments on our behalf, tailor our advertising, and perform analytics, including as described in the section below tiled “Third-Party Analytics.”

Other Users Of The Services. We may allow you to share information directly with other users of the Services. For example, if you post questions or comments to other users through the Services, add information to your profile, respond to surveys or requests to rate the Apps, or use other features of the Services, then your questions, comments, profile, or other information may be seen by other users of the Services. Please ensure when using these features that you do not submit any information that you do not want to be shared with other users or the public.

Our Partners. We may share information with our partners, including other non-profit organizations, sports organizations, or researchers.

Final Race Results. If you prove us with race information, we may share certain information about you with the general public. For example, we may share your name, age group, gender, state and country of residence, and race results through our Websites and Apps.

Third-Party Plugins. The Services may integrate certain third-party plugins (such as a Facebook “like” button and Twitter “follow” button). Even if you do not click on these plugins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie or use similar tracking technologies. These plugins are governed by the privacy policy of the company providing them.

Legal Purposes. We may use or share your information with third parties when we believe, in our sole reasonable discretion, that doing so is necessary:

To comply with applicable law or a court order, subpoena, or other legal process;
To investigate, prevent, or take action regarding illegal or prohibited activities, suspected fraud, violations of our rules or terms and conditions, or situations involving threats to other athletes, volunteers or users, our property, or the property or physical safety of any person or third party;
To establish, protect, or exercise our legal rights or defend against legal claims.

Organizational Transfers. We may share your information with third parties to facilitate the financing, securitization, insuring, merger, acquisition, sale, assignment, bankruptcy, or other disposal of all or part of our organization or assets.

Aggregated And De-Identified Information. We may share aggregated and de-identified information with third parties, such as by publishing or sharing reports with third parties about trends in the usage of the C.E.S. Services.

THIRD-PARTY ANALYTICS We may partner with certain third parties to collect information to engage in analytics, auditing, research, and reporting. These third parties may use server logs, web beacons, tags, pixels, mobile advertising IDs (such as Apple’s IDFA or Google’s Advertising ID), and similar technologies, and they may set and access cookies on your computer or other device. In particular, our Services may use Google Analytics to help collect and analyze certain information for the purposes discussed above. You may learn more about Google Analytics’ data practices and opt out of the use of cookies in web browsers by Google Analytics. Please note that our Services may not respond to browser Do Not Track signals at this time.

THIRD-PARTY LINKS, WEBSITES, AND APPS The Services may contain links to websites or mobile apps of other third parties, including social media sharing features that link to third-party websites. If you follow a link to any of these websites or apps, please note that these websites and apps (and any services that may be accessible through them) have their own privacy policies. We are not responsible for the privacy practices of other websites or apps or the information you share through such other websites or apps. We encourage our users to be aware when they leave the Services and to read the privacy policies applicable to such third-party websites and apps. This Privacy Policy applies solely to information collected in connection with the Services. Data Security and Retention C.E.S. uses reasonable physical, technical, and administrative safeguards to protect your information against loss or unauthorized access, use, modification, or deletion. However, no security program is 100% secure, and thus we cannot guarantee the absolute security of your information. C.E.S. retains your information for as long as reasonably necessary for its legitimate business purposes, to provide the Services to you, to fulfill the purposes described in this Privacy Policy, or as required by law.

YOUR RIGHTS AND CHOICES C.E.S. provides you with choices to review, access, and update your information or to exercise your data protection rights, as follows: If you no longer want to receive our newsletters or other promotional communications from C.E.S., please follow the “unsubscribe” instructions that are included at the bottom of each message. Please note that if you unsubscribe from our promotional communications, you will still receive administrative messages from us. You may have additional rights under applicable laws to request access to, correction of, deletion of, or restrictions on the processing of certain information. You also may have rights under applicable laws to opt out of or withdraw consent to further processing, request copies of your data, or lodge a complaint with a data protection authority in your jurisdiction. To make such request and/or inquire about such rights, please send us an email at info@caribbeanendurancesports.com with “Attn: Privacy/Legal” in the subject line. For your protection, we may only implement requests related to information that we have associated with the email address you use to send us your request, and we may need to verify your identity before implementing your request.

INFORMATION FOR INDIVIDUALS OUTSIDE THE UNITED STATES The information that we collect through or in connection with our Services may be transferred to and processed in the United States for the purposes described above. C.E.S. also may subcontract the processing of your data to, or otherwise share your data with, third parties in the United States or other countries outside your country of residence. The data protection laws in these countries may be different from, and less stringent than, those in your country of residence. By visiting or using the Services, installing our Apps, clicking “I agree” or any other button indicating your acceptance of this Privacy Policy, or otherwise providing information to C.E.S., you explicitly consent to such transfer and processing. We may implement standard contractual clauses, contractual arrangements, or other mechanisms, as appropriate, to safeguard your information during such cross-border transfers. We also may transfer information to the United States or another country as necessary for the performance of our agreements with you or to establish, exercise, or defend legal claims. If you are an EU resident, our legal basis for processing information will depend on the type of information at issue and the purpose for which it is collected and used. In many cases, we rely on your consent to process information, or we process information as necessary for the performance of our agreements with you. We also may rely on our legitimate interests to process your information, for the purposes described in this Privacy Policy, except where such interests are overridden by your data protection interests or fundamental rights and freedoms.

CHILDREN’S PRIVACY The Services are not intended for nor directed to individuals that are deemed to be children under applicable data protection or privacy laws. We request that such individuals do not provide information to us through any of the Services.

SENSITIVE INFORMATION We ask that you not send us, and you not disclose, any sensitive information on or through the Services or otherwise to us, except to process financial payments.

CHANGES TO THIS PRIVACY POLICY We may revise this Privacy Policy periodically in the future. If we make any material changes, we will post the revised Privacy Policy on our Websites and in our Apps under “Settings,” with an effective date indicating when the revised Privacy Policy will take effect. We encourage you to review this Privacy Policy periodically.

CONTACTING US If you have any questions or comments regarding our Privacy Policy, please email us at info@caribbeanendurancesports.com with “Attn: Privacy/Legal” in the subject line.

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