Valid as of September 2, 2022
- “we”, “our” and “us” means Velasa Sports, Inc., a company registered in the United States whose registered office is at 30 Sudbury Road, Acton, Massachusetts trading as "Sparx"; and
- "you" and "your" means a user of the website at www.sparxhockey.eu and its subdomains (the "Website").
2. Our contact details
3.2 These terms also refer to other items which also apply to your use of our Website:
3.3 If you purchase goods from our Website, our Terms and Conditions of Sale will apply to the sales of such goods.
5. Changes to our Website
5.1 We may update and change our Website from time to time to reflect changes to products, our users' needs and our business priorities.
6. Our site is only for users in the European Union and Switzerland.
6.1 Our Website is directed at people residing in the European Union and Switzerland.
7. Your use of the Website
7.1 When you use our Website, you agree not to:
- use the Website or access to it for any fraudulent, unlawful, improper or illegal purpose;
- use the Website or access to it to impersonate any person or entity, or to falsely state or otherwise misrepresent its affiliation with any person or entity;
- interfere with or disrupt the operation of the Website or access to it;
- transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or programme that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- restrict or inhibit the ability of any other person to access or use the Website;
- modify, adapt or translate any portion of the Website;
- remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website;
- use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather or reproduce the Website or circumvent the navigational structure or presentation of the Website.
8.1 From time to time, the Website may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites. We do not review such third party websites and you acknowledge and agree that:
- we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability;
- we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
- if you access any such websites, you do so entirely at its own risk.
8.2 You may include links to the Website on another website providing you acknowledge and agree the following:
- we are not liable to you for any loss that you suffer as a result of such links;
- we do not promise that the Website will be continuously available (and therefore such links may not always work);
- you will not insert such links on any website which contains any content which is illegal, infringes any rights, such as the intellectual property rights, of any third party or contains any adult content;
- we reserve the right to object to any such links and require you to remove them.
9. Legal disclaimer
- that access to the Website will be uninterrupted or error-free;
- that the Website or the computer server from which the Website are made available, are free of viruses or other harmful components; and
- to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the Website or otherwise made available in connection with the Website.
9.3 You also acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way.
9.4 Subject to Clause 9.1, we will not be liable to you for any special, indirect or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.
10. Intellectual Property Rights
10.1 The intellectual property rights in the Website and copyright in all material stored, displayed and accessible on the Website is either owned by us or duly licensed by third parties. All such rights are reserved. You may not use or exploit the information or other contents stored, displayed or accessible on the Website for any commercial purpose without our consent.
10.2 When providing us with content (User Generated Content), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable right to use the content (including, without limitation, creating and using derivative works). You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
11. Governing Law
11.1 If you are a consumer, these terms are governed by English law and we both agree that the courts of England and Wales will have exclusive jurisdiction save that
- if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident of Scotland, you may also bring proceedings in Scotland; and
- if you are a resident of a member state of the European Economic Area (your "home jurisdiction") you may, to the extent required under applicable law, also bring proceedings in connection with these terms under the laws and in the courts of your home jurisdiction (to whose jurisdiction we agree).