Terms and Conditions for Athelink Store Application

The following terms and conditions govern all use of the Athelink.com website (the “Site”) and all services and products available at or through the website (the “Services”). The Site is owned and operated by Athelink Inc. ( “Athelink” ). The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Athelink’s Privacy Policy) and procedures that may be published from time to time by Athelink on the Site (collectively, the “Agreement” ).

Please read this Agreement carefully before accessing or using the Site. By accessing or using the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use the Services. If these terms and conditions are considered an offer by Athelink, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 18 years old.

1. The Athelink Store Application is a Platform
Athelink acts as a platform to allow leagues and teams who comply with Athelink’s policies to offer, sell and buy related merchandise to registered players, parents, and amateur sport fans.  Athelink is not directly involved in the transaction between buyers and sellers. As a result, Athelink has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Athelink does not pre-screen users or the content or information provided by users. Athelink cannot ensure that a buyer or seller will actually complete a transaction.

2. Your Athelink.com Account and Products
If you create an account to use the Services on the Site, (your “Account”) you are responsible for maintaining the security and accuracy of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. You must immediately notify Athelink of any unauthorized uses of your Account or any other breaches of security. Athelink will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

By publishing a product to Athelink and listing it in the publish directory you grant Athelink a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your product. If you delete content, Athelink will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the content may not be made immediately unavailable.

3. Responsibility of Sellers
If you publish a product, sell a product or otherwise make (or allow any third party to make) a product available by means of the Services (any such material, “Products”), you are entirely responsible for the Product, and any harm resulting from, that Product. By making Products available, you represent and warrant that such Product:

  • Is not false, inaccurate or misleading;
  • Is not fraudulent or involve the sale of counterfeit, stolen or infringing items;
  • Does not infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • Does not violate any law, statute, ordinance or regulation (including those governing privacy, publicity, export control, consumer protection, intellectual property, gambling, unfair competition, anti-discrimination, criminal activities or false advertising);
  • Is not defamatory, libellous, offensive, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
  • Is not obscene and does not contain child pornography;
  • Does not involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and you shall not use your Account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, ponzi schemes or the like;
  • Does not involve the collection, sale or transmission of, or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent you shall maintain a written record for a period of three (3) years after any termination of this Agreement;
  • Does not link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate this Agreement.

4. Prohibitions
You agree not to publish, offer for sale, sell or otherwise distribute any of the following items on, through or connected with your Account any items prohibited by municipal, provincial, or federal law including controlled substances. This includes a prohibition from selling any intellectual property not explicitly owned by the seller, information that ought to be considered private or personal (ie mailing lists), and any type if lottery tickets, sweepstake entries, or gambling/betting related products.

You further agree not to publish, offer for sale, sell or otherwise distribute any of the following items on through or connected with your Account, except as permitted by, and in full compliance with, all applicable federal, state, local and other laws:

  • Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute;
  • Hazardous or restricted items;
  • Content or material that is infringing or otherwise violates the law
  • Weapons and other related items, including, without limitation, explosives, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons.

5. Payment and Renewal
By publishing a Product you agree to pay Athelink the 2.5% transaction fees indicated for the Services. The Services will be automatically billed at the time of transaction to your connected Stripe or PayPal account. Athelink will have no obligation to provide a refund of any amounts previously paid.

6. Responsibility of the Buyers

  • Athelink may, but has no obligation to, remove Product and/or Account containing Product that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
  • Athelink does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or that any errors in the Site will be corrected.

  • You expressly understand and agree that Athelink shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Site.

7. Content posted on other services
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Athelink.com links, that link to Athelink.com, or on which Athelink products are embed. Athelink does not have any control over those non-Athelink websites and webpages, and is not responsible for their contents or their use. By linking to a non-Athelink website or webpage, Athelink does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Athelink disclaims any responsibility for any harm resulting from your use of non-Athelink websites and webpages.

8. Intellectual Property
This Agreement does not transfer from Athelink to you any Athelink or third party intellectual property, and all right, title and interest in and to such property will remain with Athelink Inc. Your use of the Services grants you no right or license to reproduce or otherwise use any Athelink or third-party trademarks.

9. Advertisements
Athelink reserves the right to display advertisements on your Account and throughout the Site.

10. Changes
Athelink reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Athelink may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination.
Athelink may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. You may cancel your Account at anytime by emailing support@athelink.com. Once your Account is cancelled all of your Product will be immediately deleted from the Site. Since deletion of all data is final please be sure that you do in fact want to cancel your Account before doing so. Without limiting any other remedies, Athelink may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

12. Disclaimer and Warranty
The Services are provided “as is”. Athelink and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Athelink nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted.

13. Limitation and Liability
You expressly understand and agree that Athelink shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Site. In no event shall Athelink or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, the Services or this agreement (however arising including negligence).

14. General Representation and Warranty
You represent and warrant that (i) your use of the Site will be in strict accordance with the Athelink Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province/state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless Athelink, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.

Dispute Resolution
In the event a dispute arises between you and Athelink, please contact Athelink. Should you have a dispute with one or more users, or an outside party, you release Athelink (and Athelink’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Athelink encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Athelink, for the benefit of users, may try to help users resolve disputes. Athelink does so in Athelink’s sole discretion, and Athelink has no obligation to resolve disputes between users or between users and outside parties. To the extent that Athelink attempts to resolve a dispute, Athelink will do so in good faith based solely on Athelink’s policies. Athelink will not make judgments regarding legal issues or claims.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the province of Ontario, Canada, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Toronto, Canada.

Last modified: March 17th, 2013

Any questions about these Terms of Use should be addressed to support@athelink.com.

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