Recordboox Web Site Terms and Conditions of Use

1.   Terms

 

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

 

2.   Service

 

  1. Recordboox provides a platform for schools to recognize the achievements of their current students and alumni and for organizations to recognize their members. This service is achieved by qualifying schools and organizations registering for a Record Management Account (RMA). The basic service is provided free of charge to schools and qualifying organizations, and includes the ability to create, edit and delete records of sporting achievement in an online searchable database.
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  3. Recordboox also provides a service to individual users, who can register for an Individual User Account (IUA). IUA holders can claim records that belong to them, or dispute records that they believe are incorrect. These individual users also receive a free profile page to display their achievements.
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  5. As a general service to the public and to RMA and IUA holders, anyone on the site can search for records, and view RMA and/or IUA holder profiles. This allows RMA holders to advertise the sporting achievements and excellence of their scholars/members, and for members to display their records.
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  7. Recordboox commits itself to providing a platform on which reliable records can be created and shared. As such the actions of Recordboox as an organization, and of its employees are motivated to keep records accurate. In striving for record accuracy Recordboox reserves the right to create, edit, suspend or delete any account or record without prior consent from any concerned parties. We reserve this right in order to be able to act quickly and prevent users with bad intent from corrupting the service we provide. Our aim is to help schools and organizations give an accurate account of their members’ achievements, and we take all actions with this in mind.

3.   Record Management Accounts (RMAs)

 

  1. A Record Management Account (RMA) is defined as an account with Recordboox that has the ability to create, edit and delete records. Any individuals or groups that have access to a RMA, must agree to the terms of use of the account, and abide by the terms and conditions of Recordboox, including additional rules specifically related to the use of the RMA.
  2. A RMA belongs to the organization with which it claims to be associated and not to the individual who created it. Any disputes regarding who owns a RMA will be settled by Recordboox at the discretion of an authorized employee of Recordboox. The decision of the authorized employee of Recordboox is final, and no recourse is available against Recordboox or the employee, regardless of the outcome of the dispute and any consequences resulting therefrom.
  3. A RMA may only be associated with one organization, and each organization may only have one RMA. Examples of valid organizations are educational institutions, and organizations that have as their main objective promotion and excellence in the achievement of their members in sporting endeavors.
  4. Recordboox reserves the right to deny any organization the right to own an RMA for any reason, as well as the right to allow exceptions to the above definitions.
  5. Recordboox reserves the right to create an RMA on behalf of an organization without their permission, with the good-faith intention of handing control of that RMA over to the respective organization. An RMA that is created by Recordboox on behalf of any organization that subsequently explicity denies Recordboox the authority to create an RMA, or which refuses to take receivership of the RMA, will be deleted. Recordboox will refrain from creating an RMA for that organization unless explicitly asked to do so within the next two years.
  6. A RMA is an account which will have the ability to create, edit and delete records of individuals that have achieved the records while being part of the organization, or school, with which the RMA is associated. Records that are created must fulfill the following criteria:
    1. They must be actual achievements of individuals or groups that have been accurately measured.
    2. The individual, at the time of achieving the record, must have achieved the record while competing in the name of the organization that is associated with the RMA.
  7. Recordboox reserves the right to independently create a record on behalf of an RMA, as well as to edit a record created by a RMA. Recordboox commits to only create and edit valid records for an RMA in a good-faith effort to help, and maintain the integrity and validity of the records.
  8. Recordboox reserves the right to suspend or delete any record that is deemed by Recordboox to be invalid. Records are suspended if they are deemed to be suspicious and/or invalid, and an opportunity may (but is not guaranteed) to be given to the RMA who created the record to correct the error. Certain records that contain an egregious error may be deleted without notification by Recordboox. All judgments are made at the sole discretion of authorized Recordboox employees and are not contestable. Complaints against Recordboox or its employees can be directed to complaints@recordboox.com. Complaints will be evaluated as to their validity and will receive serious consideration.
  9. Since a RMA belongs to the organization, it is up to the organization to have appropriate rules and procedures to safeguard access to the account. Failure to adequately ensure that records are created by a trusted person or people with designated authority to do so, and which subsequently results in records being created, edited or deleted, may result in the RMA being suspended or deleted entirely.
  10. Recordboox reserves the right to suspend or delete any RMA for contravening its policies. The suspension and deletion of a RMA is at the sole discretion of authorized Recordboox employees, and is not contestable. Reasons for suspension and deletion of a RMA may include, but are not limited to the following: misrepresenting the authority to own the RMA; being an inappropriate organization for holding an RMA; owning several RMAs; deliberate or accidental creation of false records; etc.
  11. All records of an account that is suspended or deleted may be removed from public view, and may be deleted from the database.
  12. The organization holding the RMA, the individual who created it, as well as any individuals involved in maintaining the RMA, waive all rights to any form of recourse against Recordboox as a result of the deliberate or accidental, suspension or deletion of an RMA, and the deliberate or accidental, suspension or deletion of any records that are associated with the RMA.
  13. The organization holding the RMA, the individual who created it, as well as any individuals involved in maintaining the RMA, waive all rights to any form of recourse against Recordboox as a result of any loss of records.

4.   Individual User Accounts (IUAs)       

 

  1. In Indiviudal User Account (IUA) is any account that is held by an individual who has the intention of claiming a record as their own, or wishes to use the added features of Recordboox while navigating through the site. IUA have the ability to claim records as their own, as well as dispute records held by others.
  2. By creating an IUA a user agrees to abide by the terms and services of Recordboox as well as any additional terms related to the IUA.
  3. Each person may only have one IUA, and each IUA belongs to only one individual.
  4. An IUA allows individuals to claim records created by a Record Management Account (RMA) as their own. A IUA holder may claim a record if:
    1. They believe in good-faith that the record belongs to them.
    2. They are or were a member of the organization associated with the RMA that created the record at the time the record was achieved.
    3. They believe in good-faith that the details of the record are correct
  5. Any record not achieved directly by the IUA holder is deemed not to belong to the holder, and claiming that record deliberately or by accident is a contravention of the Terms of Service.
  6. An IUA allows individuals to dispute a claim on a record which they believe in good-faith to be false. A record may be disputed if a IUA holder suspects in good faith that the record in question is erroneous in a meaningful manner. Such errors may include:
    1. the record in question is claimed by the wrong individual
    2. the record in question is actually held by him/herself
    3. the record in question has incorrect dates, or mistakes
  7. Disputing records based on minor errors, for example (but not limited to) variations on spelling of a name, exact day of a record, etc. is a contravention of Recordboox’s Terms of Service. Minor errors can be corrected by contacting the RMA holders who created the record and who have the authority to edit the record separately.
  8. Disputing of records or claims on records without reasonable reason to do so is considered a direct contravention of our Terms of Service.
  9. Recordboox reserves the right to suspend or terminate IUAs that it deems contravenes its Terms of Service. Recordboox reserves the right to suspend or terminate such accounts at its own discretion without recourse. Reasons for suspensions or terminations include, but are not limited to:
    1. Owning multiple IUAs
    2. A IUA holder Claiming records that do not belong to the IUA holder
    3. A IUA holder deemed to be disputing records without valid reason
  10. No IUA holder shall have any recourse against Recordboox based on the accuracy of any record.
  11. Recordboox reserves the right to control the description of a record.

5.   General Users (GUs)

 

  1. A user of the website is said to be a General User (GU) if they are using any of services of the Recordboox website, be it as holders of a Record Management Account (RMA), holders of an Individual User Account (IUA), or as a user that does not have an account. All General Users has to abide by all the policies and terms of services that are not specific to RMAs and IUAs.
  2. A GU may not attempt to or actually create, edit or delete a record, or records, unless specifically authorized to do so.
  3. A GU may not attempt to or actually create, edit or delete an account for which they are not authorized to do so.
  4. A GU who is authorized to create, edit or delete a particular record or account, undertakes to do so within the limits of their authority, and in accordance with the law. Furthermore, they undertake not knowingly to create false accounts or records, nor to make edits to existing accounts or records using false information records, nor to use copyrighted materials that they do not have express permission to use.
  5. A GU that uses the site in any capacity waives all right to legal recourse against Recordboox for any damages that occur as a result of using the site.
  6. By using the site, a GU indemnifies Recordboox against any losses of data or information stored on the site

 

6.   Disclaimer    

 

The materials on Recordboox's web site are provided "as is". Although Recordboox makes an effort to offer a reliable platform to create, edit, delete and present accurate records, Recordboox makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Recordboox does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

7.   Limitations

 

In no event shall Recordboox or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption or termination) arising out of the use or inability to use the materials on Recordboox's Internet site, even if Recordboox or a Recordboox authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

8.   Revisions and Errata

 

The materials appearing on Recordboox's web site could include technical, typographical, or photographic errors. Recordboox does not warrant that any of the materials on its web site are accurate, complete, or current. Recordboox may make changes to the materials contained on its web site at any time without notice. Recordboox does not, however, make any commitment to update the materials.

 

9.   Links

 

Recordboox has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Recordboox of the site. Use of any such linked web site is at the user's own risk.

10.        Site Terms of Use Modifications

 

Recordboox may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

11.        Governing Law

 

Any claim relating to Recordboox's web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.