Last change 23/02/2018
1. Some definitions
Mantarace is a cloud based racing management and scoring system for the race officer allowing registration, countdown, arrival management, score calculation and results publication on the internet. Through our platform, mobile apps and services, we enable clubs and competitors all over the world to create, manage, discover, share and register for sport events.
1.2 The Services
Mantarace’s websites and domains, including www.mantarace.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications, including without limitation, the Mantarace Sailing, are offered, maintained and provided by Mantarace. We refer to all of these as our “Services.” Mantarace SPRL is a belgian company with its place of business at chemin des Marechaux 2 boite 3, 1300 Limal, Belgium, Reg. No. BE0668617931 (“Mantarace,” “us,” “we” or “our”).
Through the Services, Mantarace provides a simple and quick means for registered users who are event organizers, planners and charitable organizations (“Organizers”) to create event registration, speaker profile, organizer profile, fundraising and other webpages related to their events, to promote those pages and those events and to sell tickets and registrations (or issue free registrations), solicit donations and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organizers, Attendees, and other visitors and browsers of the Services collectively as “Users.” Mantarace also provides application programming interfaces and associated tools and documentation (including all updates and other modifications thereto, the “Mantarace APIs”) to third party developers (“you” or “your”) who wish to use any material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Mantarace in connection with the Services (collectively, “Site Content”), in developing third party applications and website integrations with the Services (“Your Applications”).
2.2 Incorporation By Reference
3. Basic Rules Governing Use Of The Mantarace APIs
The Site Content transmitted in connection with the Mantarace APIs belongs to Mantarace, its customers and/or is licensed to Mantarace by third parties. Please keep this in mind as you plan Your Application. Don’t do anything that would undermine the Site Content.
As a general matter, you may store Site Content relating to future events, but you may not store any Site Content relating to events that have occurred in the past. The only exception to storing Site Content relating to past events is if a User has given you explicit permission to use and store Site Content relating to that User’s past events. This means that without explicit User permission you cannot store venue data, ticket data or other Site Content related to that User’s past events or any other past events.
3.3 Must Have Information
If you display or make available any Site Content regarding an event listing through Your Application, Your Application must display the event title and display a direct link to the Mantarace webpage associated with that event on the Services. The link may not include a “nofollow” attribute and must be crawlable by search engines.
You must use your own name, company name, logos, trademarks or app names in connection with Your Applications and not the company name, logos, trademarks or app names of Mantarace. You have no right or license to use the Mantarace Trademarks (as defined in the Terms of Service) in connection with Your Applications or otherwise without Mantarace’s prior written consent. In any event, Your Applications must be built in a way that makes clear to Users that they are not owned, developed or controlled by Mantarace. If you have questions about this, please email us at firstname.lastname@example.org.
4. License And Restrictions
4.2 Termination of License
4.3 Rate Limit
Notwithstanding the license granted under Section 4.1, you hereby agree that you shall not:
(c) use the Mantarace APIs to operate any mission critical application where human life or property may be at stake;
(d) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Mantarace APIs (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation);
(e) rent, lease, resell, distribute, use the Mantarace APIs or Site Content on a stand alone basis or for timesharing, service bureau or other commercial purposes for direct commercial or monetary gain (as opposed to indirect commercial or monetary gain associated with supporting Your Application);
(f) remove or alter any proprietary notices or labels on or in the Mantarace APIs or Site Content;
(g) engage in any activity that interferes with or disrupts the Services;
(h) use the Mantarace APIs in a manner that fails to comply or is inconsistent with any part of the Mantarace API documentation located at https://www.mantarace.com/developer/v3; or
(i) use the Mantarace APIs in, or to develop, a product or service that competes with products or services offered by Mantarace.
Mantarace takes the security and privacy of its Users seriously. Therefore, we have adopted certain minimum requirements that Your Applications must meet from a security and privacy perspective that are described in greater detail below.
(b) Securing User Consent
You shall secure, and are solely responsible for securing, clear, express consent from each Mantarace user whose Content you access via the Mantarace APIs that grants you permission, to the extent applicable, (i) to access such user’s Mantarace account(s), (ii) to retrieve, store and use Content from such account(s), and (iii) to write information to such account(s). Your notice seeking such consent shall be specific as to each purpose for which you will access, retrieve, store, use and write each type of Content. You will strictly comply with the scope of express consent granted you at all times with respect to Content obtained from such account(s).
(c) Contact and Cooperation
You must be reasonably available for security questions or concerns. You can change this name or contact by signing up for a new application key, and providing the correct contact information and using the new application key in lieu of your existing key. If we cannot contact you or we believe that the circumstances require immediate action on our part, we may suspend your access to the Mantarace APIs during the period of a security issue.
(d) Virus Precautions
You agree that Your Application and any related documents and other materials that you provide to Mantarace will first be checked by you with Internet industry standard up-to-date antivirus and anti-worm software prior to being introduced to the Mantarace Services and that you will not knowingly introduce any virus, worm or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services.
(e) Industry Standards
You warrant that your networks, operating system and software of web server(s), routers, databases, and computer systems (collectively, the “Systems”) are properly configured to securely operate Your Application and store Content. Your Application must use reasonable security measures to protect the private information of your users. You must not architect or select Systems in a manner to avoid the foregoing obligations.
You must promptly report any security deficiencies in or intrusions to the Systems that impact or compromise our Site, Site Content, Services, or Mantarace APIs to Mantarace in writing via email to email@example.com. In the event of any such security deficiency or intrusion, you will collaborate with us to make any statements (i.e. press, blogs, bulletin boards, etc.) regarding such instance.
(i) Security Reviews
Mantarace will have the right, at its own expense, to inspect and review documentation related to Your Application, Your Systems and your compliance with this Section 4.6. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. You will (at your own expense) promptly correct any security flaws determined to exist by Mantarace based on such inspection and review. You will then promptly certify to Mantarace in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. If a review reveals a material breach of any of these security provisions, you will reimburse Mantarace for the reasonable costs of the review.
5. Ownership And Relationship Of Partners
5.1 Site Content
5.2. Your Content and Your Application
You represent and warrant to Mantarace that the use by Mantarace and its Users of your company, organization, or product name and/or logo (“Your Content”) and Your Application will not violate the rights of any third party (e.g., any intellectual property or other proprietary right), or any applicable law. You hereby grant to Mantarace a paid-up, royalty-free, nonexclusive, worldwide, irrevocable, sublicensable right and license, under all of your intellectual property rights, to copy, use, perform, and display Your Application and its content for purposes of marketing, demonstrating, and making Your Application available to Users. You may not issue any public announcement regarding your use of the Mantarace APIs that suggests partnership with Mantarace without Mantarace’s prior review and written approval, at Mantarace’s discretion. Following the termination of the license granted to you in Section 4 and upon written request from you, Mantarace shall use reasonable efforts, as determined in its discretion, to remove all references and links to Your Application from the Services.
Content that you obtain from the Services through Your Application is largely Content provided by third parties (e.g., Mantarace Organizers). As such, Mantarace makes no representation or warranty as to the accuracy, authenticity, completeness or legality of Content obtained from the Mantarace APIs, all of which you use at your own risk. All such Content obtained from the Mantarace APIs and the Mantarace APIs themselves is subject to our Disclaimer of Warranties contained in the Terms of Service.
7. No Exclusivity
Mantarace reserves the right to change, suspend, or discontinue any aspect of the Mantarace APIs at any time, including the availability of any Mantarace APIs.
9. Fees And Payments
Mantarace reserves the right to charge fees for future use of or access to the Mantarace Materials in Mantarace’s discretion. If Mantarace decides to charge for any Mantarace Materials, you do not have any obligation to continue to use such Mantarace Materials.
“Mantarace Confidential Information” means all non-public Mantarace information relating to the Mantarace APIs, and any other information designated in writing by Mantarace as “Confidential” or an equivalent designation. Without granting any right or license, Mantarace agrees that Mantarace Confidential Information does not include information that (i) is or becomes (through no improper action or inaction by you) generally available to the public, or (ii) was in your possession or known by you without restriction prior to receipt from Mantarace, or (iii) was rightfully disclosed to you by a third party without restriction, or (iv) was independently developed by you without use of any Mantarace Confidential Information. In addition, you shall not disclose Mantarace Confidential Information to any third party without Mantarace’s prior written consent, except in instances that you reasonably determine that you are required by a Legal Requirement, provided you use reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and allow Mantarace to participate in the proceeding (to the extent permitted by the Legal Requirement). For purposes of this Agreement, “Legal Requirement” means any law, rule, regulation, order, subpoena, interrogatory, discovery request, or other legal requirement of a governmental authority. You shall not disclose your developer passwords or other credentials to any third party, and you shall not use Mantarace Confidential Information except for the express purpose for which it was disclosed.