Terms And Condition

sportandsalud.com

These terms and conditions outline the rules and regulations for the use of sportandsalud.com Website, located at https://sportandsalud.com/.

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the sportandsalud.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and DEMA S ENTREPRISE INC (“DEMA S ENTREPRISE INC”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and DEMA S ENTREPRISE INC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We 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. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Relation to Third Party Websites

The Terms of Use apply to all users of the sportandsalud.com website, including users who are also contributors of photo and any image content, information, and other materials or services on the sportandsalud.com website. The sportandsalud.com website may contain links to third party websites that are not owned or controlled by sportandsalud.com website. sportandsalud.com website has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, sportandsalud.com website will not and cannot censor or edit the content of any third-party site. By using the sportandsalud.com website, you expressly relieve and release sportandsalud.com website from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave thesportandsalud.com website and to read the terms and conditions and privacy policy of each other website that you visit.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

B. In order to access some features of the SportandSalud Website, you will have to create an account. You may never use another’s account without that user’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SportandSalud immediately of any breach of security or unauthorized use of your account. Although SportandSalud will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SportandSalud or others due to such unauthorized use.

C.You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” , “Automated voting”, etc., that accesses the SportandSalud Website in a manner that sends more request messages to the SportandSalud Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SportandSalud grants the operators of public search engines permission and license to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SportandSalud reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the SportandSalud Website, nor to use the communication systems provided by the SportandSalud Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the SportandSalud Website with respect to their User Submissions. All website products, contests and services are void where prohibited by law.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by DEMA S ENTREPRISE INC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with DEMA S ENTREPRISE INC. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of DEMA S ENTREPRISE INC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of DEMA S ENTREPRISE INC or third party trademarks.

IP Rights

SportandSalud does not claim ownership of Content (as defined below) that you (hereinafter referred to as “User” or “you”) submit or make available for inclusion on the SportandSalud Website. User affirms, represents and warrants that the User owns (and/or otherwise has the right to submit) the Content submitted or made available by the user on the SportandSalud Website, and such ownership is retained by User at all times. With respect to Content you submit or make available for inclusion on publicly accessible areas and/or other areas of the SportandSalud Website, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to SportandSalud, as well as SportandSalud’s Partners and Sponsors

(i) the right to display the Content on the SportandSalud Website,

(ii) the right to use the Content to promote the contest(s) or the Content

(iii) the right to and

(iv) the right to engage in all of the acts as set forth below, as applicable.

Aroundchamps respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Aroundchamps Website, please contact us by email at: [email protected] and provide with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):

Approved organizations may hyperlink to our Website as follows:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and
  • information reasonably to locate the material;
  • Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SportandSalud will terminate the account of any user that is determined to be a repeat copyright infringer.

Submissions from Users.

A. SportandSalud may now or in the future permit the submission of photographs, motion pictures, videos, other audio-visual files and/or image files and/or other communications by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. The publishing of User Submissions on Aroundchamp’s Website is at SportandSalud discretion. You understand that whether or not such User Submissions are published, SportandSalud does not guarantee any confidentiality with respect to any submissions. You retain all rights to your User Submissions. By submitting your User Submissions here, you grant SportandSalud, Contest Sponsors and Partners the right to display and/or to provide exposure to your User Submissions anywhere including, without limitation, when your User Submissions are selected as winners of any contest,

(i) to be displayed on SportandSalud’s Website,

(ii) to be displayed and used in connection with marketing, promotion and/or advertising of SportandSalud on SportandSalud’s Website, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All used User Submissions and images are credited as represented by User. Any use of the User Submissions will be solely used in the context of promoting the

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:


(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SportandSalud to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by SportandSalud on the SportandSalud Website and the Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by SportandSalud on the SportandSalud Website and the Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to SportandSalud, you hereby affirm, represent and warrant that you have the power and authority to, and do, grant to SportandSalud an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to copy, store, display content to other users and visitors to the SportandSalud Website, and to use in any way the entire contents of the User Submission and all portions and components thereof. This license grant incudes, but is not limited to, the right of SportandSalud to use, distribute, reproduce, modify, adapt, publicly perform and publicly display all or any portion or component of the entire contents of the User Submission, including, but not limited to, for the purposes of providing and promoting the specific SportandSalud Website or file to which such Content was submitted or made available. “Publicly accessible” areas of the SportandSalud Website are those areas of the SportandSalud Website that are intended by SportandSalud to be available to the general public. By way of example, publicly accessible areas of the SportandSalud Website would include SportandSalud Message Boards and portions of SportandSalud Groups, Photos and sharing that are open to members, users and visitors. However, publicly accessible areas would not include portions of the SportandSalud Website that are limited to members, or World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by SportandSalud.

C. In connection with User Submissions, you further agree, affirm, represent and warrant that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property, proprietary or other rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SportandSalud all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SportandSalud or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; and/or (v) impersonate another person. SportandSalud does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SportandSalud expressly disclaims any and all liability in connection with User Submissions. SportandSalud does not permit copyright infringing activities and/or infringement of intellectual property rights on SportandSalud Website, and SportandSalud will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s copyright and/or other intellectual property rights. SportandSalud reserves the right, in its sole discretion, to remove User Submissions and/or any other Content, and close accounts, without prior notice. SportandSalud will also terminate a User’s access to SportandSalud’s Website, if they are determined by SportandSalud, in SportandSalud’s sole discretion, to be suspected of being, or actually being, an infringer and/or to have otherwise violated the intellectual property rights, rights of publicity and/or name and likeness and/or other rights of any other person or entity. SportandSalud also reserves the right to decide whether Content or a User Submission is appropriate and complies with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SportandSalud may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of the Terms of Use at any time, without prior notice and in its sole discretion.

D. DMCA Counter-Notification to Restore Removed or Disabled Content. If you believe that your material has been removed or access thereto has been disabled by mistake or misidentification, please provide our Copyright Agent a written counter-notification with the following information:

  • our name, address, telephone number, and email address.
  • A description of the material that was removed or to which access was disabled and the location on our website (a PAGE URL, or IMAGE URL for example) where it previously was available.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • A statement that you consent to jurisdiction of the Federal District Court for the judicial district where your address is found, or if your address is outside of the United States, any judicial district in which Golozo, LLC may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  • Your electronic or physical signature.

Please note that we will send DMCA counter-notifications we receive to the person who submitted the original DMCA notification. That person may take legal action against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within (10) business days after we provide notice of your counter-notification, we will restore the removed materials or re-enable access to the materials. DMCA Notification and Counter-Notification Warning .

Any person who knowingly materially misrepresents that material or an activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. Please contact an attorney or consult 17 U.S.C. § 512(f) for more information.

E. You understand that when using the SportandSalud Website, you will be exposed to User Submissions from a variety of sources, and that SportandSalud is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SportandSalud with respect to User Submissions. You agree to indemnify and hold SportandSalud, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your User Submissions and Content, as well as your use of the SportandSalud Website.

F. SportandSalud may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists and any other winners will be judged on by the Judges’ in their sole discretion. Voting and People’s Choice results, the submission with the most votes will be deemed the winner from among the User Submissions. User Submissions with the same total votes will be re-judged using the same criteria. All User Submissions and votes will be retained until eligible winners are chosen for all prizes. Once a User Submission or a User is deemed ineligible, however, the User Submission will be deleted and not further considered.

Content on the SportandSalud Website.

Except for User Submissions, all content on and/or used by the SportandSalud Website, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, compilations, interactive features and the like, and derivative works thereof (“SportandSalud Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to SportandSalud, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. SportandSalud Content and User Submissions on the SportandSalud Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SportandSalud and the respective owners of the User Submissions. SportandSalud reserves all of its rights in and to the SportandSalud Website and the SportandSalud Content . You agree to not engage in the use, copying, or distribution of any of the SportandSalud Content or User Submissions of third parties obtained through the SportandSalud Website for any commercial purposes and/or any other purpose other than a purpose expressly permitted under the Terms of Use. If you download or print a copy of any of the SportandSalud Content and/or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SportandSalud Website or features that prevent or restrict use or copying of any of the SportandSalud Content or enforce limitations on use of the SportandSalud Website or the SportandSalud Content therein. You may not harvest or collect information, including screen names, about other members or users of the SportandSalud Website. The use of any information learned through your use of the SportandSalud Website is limited to the express purposes set forth in these Terms of Use; all other uses not expressly permitted by the Terms of Use, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

Contests, Rewards and Payments.

You agree that all of the following terms and conditions will apply to your participation in all photography and other types of contests on the SportandSalud Website:

A. SportandSalud Contests Will Comply With Florida Law

All SportandSalud Contests on the SportandSalud Website will be conducted in accordance with the laws of the State of Florida. This means that all SportandSalud Contests are real contests in which at least a majority of the participants will have failed to win, and all SportandSalud Contests will comply with the following requirements:

  • The nature of the SportandSalud Contest and number of contestants will be disclosed.
  • The exact nature and approximate value of prizes or items of value won by participants in each SportandSalud Contest will be disclosed.
  • The deadline for submissions to each specific SportandSalud Contest will be disclosed.
  • The opportunity to win a prize will not be conditioned on a minimum number of entries or contest participants.
  • SportandSalud will keep detailed records of each SportandSalud Contest for at least two years after all the prizes are awarded.
  • In addition, all SportandSalud Contests will clearly and conspicuously disclose each of the following
    • All rules, regulations, terms and conditions of each SportandSalud Contest (if there are any in addition to those disclosed in the Terms of Use herein).
    • The maximum amount of money, including postage and handling fees, which a participant may be asked to pay to win each of the prizes offered.
    • The date(s) upon which the contest will terminate, and upon which all prizes will be awarded.
    • Whether future contests or tie-breakers, if any, will be significantly more difficult than the initial contest, and the method of determining prize winners if a tie remains after completion of the last tie breaker.

B. Verification Of Winners And Delivery Of Prizes

The method of selection, as well as the selection, of contest winners shall be determined by SportandSalud in its sole discretion. The SportandSalud team, deemed as resident judges/curators or any other assigned SportandSalud team member, can (i) select the winners of any contest, or (ii) provide a preliminary list of finalists to any guest or exterior judge/curator, or SportandSalud Partner to select the winners, including the grand winner and runners up, of a specific contest, (iii) solicit votes from Users of the SportandSalud Website and/or any members of the public and declare winners based upon the number of votes obtained, and/or (iv) determine contest winners in any manner not prohibited by the laws of the State of Florida. After judging, voting and/or any other method to select winners has finished, the potential winners will be notified in accordance with the contact information provided in their respective User Submissions by mail, courier, email or other method chosen by SportandSalud, SportandSalud’s Partners and/or the SportandSalud’s Sponsors in its their discretion. SportandSalud, any SportandSalud Partner, or any SportandSalud Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its their discretion, and in whatever order it they chooses. To be confirmed as a winner and to be awarded the prize, the winning User will be required to confirm its ownership of the copyright and any other applicable intellectual property and/or other rights to the User Submission (“Required Confirmation”). Should a prize notification or prize addressed to a particular winning User be returned as undeliverable, SportandSalud, SportandSalud’s Partner and/or SportandSalud’s Sponsor will not resend the notice (whether by the same or another method), research the winning User’s address nor make any further attempts at delivery. That User will be deemed to have withdrawn from the SportandSalud Contest and given up the User’s right to receive the prize notification or the prize. In the case that winner’s User’s shipping address is located in a Country or area designated by SportandSalud, SportandSalud’s Sponsors and/or SportandSalud’s Partners as undeliverable, they reserve their rights to provide a cash payment sent via Paypal of equal value of to the announced prize instead of the specific announced prize.

Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. SportandSalud, SportandSalud’s Sponsors and/or SportandSalud’s Partners reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in their discretion, except that the winner of the Judged or Most Votes Prize will be announced within thirty (30) days of the date on which the Required Confirmation are received from such winner. Winners will receive their prizes within thirty (30) days of SportandSalud, SportandSalud’s Partner and/or SportandSalud’s Sponsor announcement of the winners. The reward and prizes and/or any other rewards are subject to change at any time without notice in the sole discretion of SportandSalud, SportandSalud’s Partners and/or SportandSalud’s Sponsors, to the extent and under the circumstances permitted by Florida law.

C. Contest Entrant’s Release:

By entering the Contest, each User releases and holds harmless SportandSalud, SportandSalud’s Partners and/or SportandSalud’s Sponsors and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the “Promotion Entities”), against any and all claims, demands and liabilities arising out of or relating to the Contest, User’s (and each individual member of User’s) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner’s use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.

INTERNET: User agrees to be bound by these Official Rules and the Privacy Policy. Website, Partner and Sponsor are not responsible for any typographical or other error in the submission, the printing of the offer, administration of the Contest or the announcement of the prizes. Website, Partner and Sponsor are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive User information by Website, Partner and Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other similar causes or causes beyond the control of Website, Partner and Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then, subject to any governmental approval which may be required, Website, Partner and Sponsor shall have the right to modify, suspend or terminate the Contest. If technical malfunctions or suspect voting irregularities corrupt the voting process, Website, Partner and Sponsor reserves the right, in its sole discretion, to award prizes based solely on the non-suspect votes. In the event of termination, a notice will be posted on Sportandsalud.com and all eligible Submissions received prior to termination will be judged per these Official Rules. Any use of robotic, automatic, programmed or similar methods of participation/voting will void all such submissions/votes by such methods. DISQUALIFICATION: Website, Partner and Sponsor RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS WITH OR IS SUSPECTED OF TAMPERING WITH AN ENTRY AND/OR THE JUDGING AND VOTING PROCESS, INCLUDING ANY PERSON ATTEMPTING TO SOLICIT, ENCOURAGE OR OBTAIN AUTOMATED VOTES. IN ADDITION TO THE RIGHTS RETAINED BY Website, Partner and Sponsor SET FORTH IN SECTION 10 ABOVE, SPONSOR FURTHER RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION: ANY ATTEMPT BY AN USER TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE ENTRY SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, Website, Partner and Sponsor RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.

D. Payments from SportandSalud to User

Payments from SportandSalud to User will be implemented as a PayPal transfer. User must own a legitimate PayPal account in order to receive payment.

Purchasing a Product.


Users can purchase products on the SportandSalud website using the PayPal system or a valid credit card. You do not have to be a SportandSalud member to purchase a product. The price you pay is final and not negotiable. Orders may not be canceled after it has been submitted. It is the purchaser’s responsibility to ensure the product delivery address is correct. SportandSalud takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.

SportandSalud reserves the right to cancel an order in the event that products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight.

SportandSalud may also cancel an order if we believe that it is being made in infringement of these Terms of Use, or in violation of the rights of any person or any law. SportandSalud may cancel an order even if it has been confirmed and the purchaser’s credit card or PayPal account has been charged. SportandSalud reserves this right up until the time of delivery of the product to that purchaser. If a cancellation of this nature occurs after the purchaser has been charged for the product, we will immediately credit the customer’s credit card or PayPal account for the amount in question.

Delivery will be made by a postal or courier service and will be paid for by the purchaser at the price indicated at time of purchase. SportandSalud may also charge a handling fee, depending on the size of the product. If a product is delivered to a purchaser, that is physically damaged, SportandSalud will issue a replacement copy of the product. Please email SportandSalud customer service at [email protected] within 5 business days of receiving the product to tell us about the nature of the damage and to arrange for a new product to be sent to you at SportandSalud’s expense. Please be aware SportandSalud is a member submission online site, we do not monitor all the content on the SportandSalud Website. It is the purchaser’s responsibility to verify the quality of the content (including but not limited to misspelled words, formatting, quality or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

DISCLAIMER.

YOU AGREE THAT YOUR USE OF THE SPORTANDSALUD WEBSITE AND PURCHASE OF ANY GOODS AND/OR SERVICES ON THE SPORTANDSALUD WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. SPORTANDSALUD, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SPORTANDSALUD WEBSITE, THE SPORTANDSALUD CONTENT, AND/OR USER SUBMISSIONS, AND/OR YOUR USE THEREOF. SPORTANDSALUD, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS ALSO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PURCHASE, SALE AND/OR GIFTS OF ANY GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND/OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE SPORTANDSALUD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S SPORTANDSALUD’S CONTENT, USER SUBMISSIONS, AND/OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED THEREIN OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE SPORTANDSALUD WEBSITE, THE SPORTANDSALUD CONTENT, AND/OR USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SPORTANDSALUD’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SPORTANDSALUD’S WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE SPORTANDSALUD WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY SPORTANDSALUD CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SPORTANDSALUD CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPORTANDSALUD WEBSITE. SPORTANDSALUD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPORTANDSALUD WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPORTANDSALUD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will DEMA S ENTREPRISE INC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of DEMA S ENTREPRISE INC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to DEMA S ENTREPRISE INC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

LIABILITY.

IN NO EVENT SHALL SPORTANDSALUD, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SPORTANDSALUD CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE SPORTANDSALUD WEBSITE, THE SPORTANDSALUD CONTENT, AND/OR USER SUBMISSIONS, (III) THE SALE, PURCHASE AND/OR USE OF ANY GOODS OR SERVICES OBTAINED FROM SPORTANDSALUD AND/OR THE SPORTANDSALUD WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SPORTANDSALUD’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SPORTANDSALUD’S WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE SPORTANDSALUD WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY SPORTANDSALUD CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SPORTANDSALUD CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPORTANDSALUD WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY SPORTANDSALUD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SPORTANDSALUD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SPORTANDSALUD WEBSITE IS CONTROLLED AND OFFERED BY SPORTANDSALUD FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. SPORTANDSALUD MAKES NO REPRESENTATIONS THAT THE SPORTANDSALUD WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SPORTANDSALUD WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against DEMA S ENTREPRISE INC with respect to such other services. DEMA S ENTREPRISE INC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting DEMA S ENTREPRISE INC to disclose your data as necessary to facilitate the use or enablement of such other service.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Backups

We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Advertisements

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, DEMA S ENTREPRISE INC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Indemnity.

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Acceptable use policy

Indemnification

You agree to indemnify and hold DEMA S ENTREPRISE INC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Accuracy of information

You agree to defend, indemnify and hold harmless SportandSalud, its parents, subsidiaries and affiliates, officers, directors, members, managers, employees and agents, for, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from and/or related to any of your acts or omissions in connection with the SportandSalud Website, the SportandSalud Content, the Sale, Purchase or Use of any Goods or Services, User Submissions of others and/or User Submissions submitted by you, including, but not limited to: (i) your use of and access to the SportandSalud Website; (ii) your violation of any term of the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party, (v) the SportandSalud Website, (vi) SportandSalud’s third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property, electronically stored information, and/or documents, (vi) any and all User Submissions, and/or (vii) any and all goods or services you sell or otherwise transfer using the SportandSalud Website. This defense and indemnification obligation will survive the Terms of Use and your use of the SportandSalud Website. SportandSalud is a platform designed for storage and sharing of photographs, image files and other types of files, and users are responsible to always maintain an original copy of any submitted photograph, image file or other type of a file in case of a complete loss.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Ability to Accept Terms of Use.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the SportandSalud Website is not intended for children under 18. If you are under 18 years of age, then please do not use the SportandSalud Website; there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment. 1/2

  1. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SportandSalud without restriction Assignment
  2. You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Refund policy

Our policy is valid for a period of 14 calendar days from the date of the purchase. If you are not satisfied with the service for any reason you can ask for a refund. If the period of 14 days has lapsed since the purchase, we can’t, unfortunately, offer you a refund.
Refund requirements
The following criteria must be met to qualify for a refund:
– Customer’s account must be in good standing
– Service malfunctions or doesn’t work as described
If the conditions listed above are not met, we reserve the right not to issue a refund. It’s important to keep in mind that there is often a difference between a service that doesn’t work and a situation where you are receiving an error message. Error messages could be related to an incorrect setup, configuration or software and as a result the service is not working.
Contacting us
If you would like to contact us concerning any matter relating to this Refund Policy, you may send an email to [email protected]
This document was last updated on March 10, 2021

General

You agree that: (i) the SportandSalud Website shall be deemed solely based in Florida; and (ii) the SportandSalud Website shall be deemed a passive website that does not give rise to personal jurisdiction over SportandSalud, either specific or general, in jurisdictions other than Florida. These Terms of Use shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and SportandSalud that arises in whole or in part from the SportandSalud Website shall be decided exclusively by a court of competent jurisdiction located in XX County, Florida. These Terms of Use, together with the Privacy Notice, any applicable contest rules, and any other legal notices published by SportandSalud on the SportandSalud Website, shall constitute the entire agreement between you and SportandSalud concerning your use of the SportandSalud Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SportandSalud’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. SportandSalud reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the SportandSalud Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND SPORTANDSALUD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SPORTANDSALUD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]

This document was last updated on March 10, 2021

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