Welcome to ZapposBayToBreakers.com (the “Website”), the Internet home of Zappos Bay to Breakers®, an annual footrace operated by Wasserman Events, LLC (“we”, “us” or the “Company”). These terms are a legal agreement between you and the Company that governs your usage of the Website.
THIS AGREEMENT MAY BE CHANGED FROM TIME TO TIME. ANY CHANGES WILL BE POSTED ON THE WEBSITE AND NOTIFICATION WILL BE PROVIDED ON THE WEBSITE. YOU EXPLICITLY ACKNOWLEDGE THE POTENTIAL OF MODIFICATION OF THESE TERMS AND YOUR CONTINUED USAGE OF THE WEBSITE AFTER NOTIFICATION OF SUCH MODIFICATION SHALL ESTABLISH YOUR ACCEPTANCE OF ANY CHANGES.
- Children Under 13.
The Website is not intended for usage by children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13. If we receive actual knowledge that we have collected personal information from a child under 13, we will delete that information as quickly as is reasonably possible.
- Website Features.
(a) General Information. The Website is primarily meant to provide you with information about Zappos Bay to Breakers. While we try to keep the information on the Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.
(c) Other Third Party Sites. In addition to ZOZI.com, the Website may contain links to third-party sites that are not owned or controlled by the Company. We assume no responsibility for the content, products, services, policies, or practices of any third-party sites.
(a) Company Materials. Unless specifically noted otherwise, intellectual property rights in and to the material on the Website is owned by the Company. No material from the Website may be copied, republished, uploaded, posted, transmitted, or distributed, except for your personal non-commercial usage when viewing the Website. Use of the materials for any other purpose is a violation of our copyrights, trademarks and other proprietary rights.
(b) Your Materials. You retain ownership rights in anything you submit to us through the Website or via email. However, when you submit something to us (e.g. information, photos or other materials), whether through the Website or affiliated social media accounts, such as Facebook or Twitter, you grant us a perpetual, worldwide right to modify, reproduce, distribute, publicly display and perform what you have submitted, including your name and likeness, and allow others to do the same for any lawful purpose, including commercial purposes. You agree that you will not receive any compensation for or make any claim in connection with our exercise of the permissions you have granted us, including a claim based on intellectual property or privacy rights that you may have.
If you believe that your work has been displayed on the Website or its affiliated social media channels in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is the exclusive means for notifying us and our affiliates of copyright infringement.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Copyright Agent for notice of claims of copyright infringement on the Website is the Company’s legal department:
Wasserman Events LLC
Attn: Legal Department
10960 Wilshire Blvd., Suite 2200
Los Angeles, CA 90024
- US Only.
The Website is intended for use in the United States. If you use the Website from outside of the US, you consent to having your personal data transferred to and processed in the United States.
- Restrictions on Use.
Your permission to use the Website is expressly conditioned on your agreement not to:
- use the materials on the Website for any commercial purpose;
- use the Website for any illegal purpose;
- attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
- modify or attempt to modify or in any way tamper with Website;
- use the Website or any of the materials on it in a way that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, right of privacy or right of publicity; or
- interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
The Company reserves the right to suspend or terminate your access to the Website at any time if we suspect your use may be unlawful, violate the rights of third parties or any of the terms of this agreement.
In the event of a claim against the Company related to or arising out of your actions or use of the Website or any materials you have submitted to us through the Website or otherwise, you hereby agree to indemnify, defend, and hold the Company, its affiliated companies, sponsors and partners, and all of its and their officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO THE WEBSITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE; OR (G) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE.
- Limitation of Liability.
This document makes up the entire agreement between you and the Company regarding the Website and supersedes any prior agreements or understandings. If any part of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this agreement, it will not be considered a waiver. This agreement does not confer any third party beneficiary right and is fully transferable and assignable solely by us, our transferees and assigns. Any terms of this agreement that were, by their nature, intended to survive termination of the agreement will survive. This agreement shall be interpreted in accordance with the laws of California without reference to its choice of law rules. The exclusive jurisdiction and venue for any action under this agreement shall be in the state and federal courts in Los Angeles, California. You agree to accept the personal jurisdiction of such courts. The parties hereby waive any right to a trial by jury.
BAY TO BREAKERS is a trademark of Wasserman Events LLC. Without the express written permission of Wasserman Events LLC, the Zappos Bay to Breakers name or logo may not be used in connection with any product or service. Moreover, our trademarks may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Zappos Bay to Breakers or Wasserman Events LLC.
- Your Acceptance.
- Information We May Collect.
Except as disclosed below, we don’t sell, barter, give away, or rent your personal information.
(a) Personal Information. Use of certain features of the Website may require that you provide certain personally identifiable information, in other words, information that identifies or describes you, such as your name, email address, telephone numbers, address, zip code, age, and gender (“personal information”). We also may collect and store personal information about you that we receive from other sources, e.g. the information we receive from ZOZI when you register or from partners when you participate in certain promotions.
(b) Anonymous Information. Even if you don’t explicitly provide personal information to us, when you interact with the Website, we may collect certain non-personal information. For example, our servers keep an activity log that tracks all visitors to the Website. The information in the activity log is anonymous and therefore does not identify you individually. The anonymous information our server collects may include among other data: your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring addresses.
(e) No Information Collected From Children. Our Website is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age you should not use the Website, and under no circumstances should you send information about yourself to us. If we discover that a child under the age of 13 has provided us with personal information, we will immediately delete that child’s information from the Website.
- How We May Use Your Information.
(c) Use of Anonymous Information. We may use anonymous information to help us determine how people use parts of the Website and who our users are so we can improve our Website. We may also use anonymous information to provide information in aggregated form to our partners and other third parties about how our users collectively use the Website. We may also use or share anonymous information (or other information, other than personal information) in any other manner that we decide is appropriate or necessary.
(d) Third-Parties. We may occasionally have third party representatives, agents, affiliates, service providers and partners that perform functions on our behalf or with our authorization, such as event registration, marketing, analytics, promotions, etc. These entities may have access to your personal information but only as needed to perform their services.
(e) Emergency Situations. We may also use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend the our rights or property, the Website or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website or the public.
The security of your information is of great concern to us. We exercise care in providing secure transmission of your information from your computer to our servers. Personal information collected by our Website is stored in secure operating environments that are not open to the public. While we try our best to safeguard your information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be completely secure.
- Linking to or from Other Websites.
- Governing Law.
We may change our ownership or corporate organization while providing the Website. As a result, please be aware that we may transfer your information to another company that is affiliated with us or with which we have merged.
- Managing Your Information/Opting-Out.
You may always opt-out of receiving future e-mail messages from us, or our affiliates and partners, or request that your information be removed from our Website or corrected. To make such a request, you can send us a message at email@example.com.