Last change 23/02/2018
1. Some definitions
Mantarace is a cloud based racing management and scoring system for the race officer allowing registration, countdown, arrival management, score calculation and results publication on the internet. Through our platform, mobile apps and services, we enable clubs and competitors all over the world to create, manage, discover, share and register for sport events.
1.2 The Services
Mantarace’s websites and domains, including www.mantarace.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications, including without limitation the Mantarace Sailing (collectively, the “Applications”) are offered, maintained and provided by Mantarace. We refer to all of these as our “Services.” Mantarace SPRL is a belgian company with its place of business at chemin des Marechaux 2 boite 3, 1300 Limal, Reg. No. BE0668617931 (“Mantarace,” “us,” “we” or “our”).
Through the Services, Mantarace provides a simple and quick means for registered users who are event organisers, planners and charitable organisations (“Organisers”) to create event registration, speaker profile, organiser profile, fundraising and other webpages related to their events, to promote those pages and events to visitors or browsers of the Services and to sell tickets and registrations (or issue free registrations), solicit donations and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organisers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”
2.2 Incorporation By Reference
3. Your Use Of The Services
3.1 The Services
4. Mantarace's Role
4.1 Listing Service and Limited Agent
Mantarace is not the organiser or owner of the events listed for sale or registration on the Services. Mantarace provides the Services, which allow Organisers to list and promote their events, but all sales are made by the respective Organiser listed on the applicable event page. In the event that an Organiser has elected to use Mantarace’s Payment Processing Service, Mantarace also acts as the Organiser’s limited agent solely for the purpose of using its third party payment providers to collect payments made by Attendees on the Services with respect to an event and passing such payments through to the applicable Organiser. It is the Organiser’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
4.2 Selection of Payment Processing Method
As an Organiser, you may select your preferred payment processing method for your event, provided, that once you sell the first ticket to an event you may not change the payment processing method for that event. As an Attendee, you will be using whatever payment processing method the Organiser of the applicable event has selected. If the Organiser has selected a payment processing method that uses a third party to process the payment, then neither Mantarace or any of its third party payment processing partners processes the transaction but may transmit your payment details to the Organiser’s designated payment provider. If the Organiser has elected to use Mantarace’s Payment Processing Service, Mantarace will use third party payment processing partners to process the transaction as Organiser’s limited payment agent.
Creating an account, listing an event and accessing the Services is free. We charge our fees only when you sell or buy paid tickets or registrations. All descriptions of standard fees on the Services represent the standard fees that Mantarace charges to Organisers. These fees may vary based on individual agreements between Mantarace and certain Organisers. Organisers ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organiser out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by Mantarace to the applicable Organiser or the standard fees described on the Services to Organisers. In addition, certain fees are meant, on average, to defray certain costs incurred by Mantarace, but may in some cases include an element of profit and in some cases include an element of loss. Mantarace does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Because all transactions are between an Organiser and its respective Attendees, Mantarace asks that all Attendees contact the applicable Organiser of their event with any refund requests. You can find help with getting a refund here. Organisers agree to post and maintain a refund policy on each event page and that refund policy will govern, provided that the refund policy must be consistent with Mantarace’s Attendee Refund Policy Requirements available here. In the event that an Organiser has not responded to a refund request within two (2) business days or there is a dispute between an Organiser and an Attendee that cannot be resolved, either party may contact Mantarace. Mantarace may, in its discretion, attempt to mediate such dispute, however, Mantarace will have no liability for (a) an Organiser’s failure to give refunds; (b) Mantarace’s failure to mediate a dispute; or (c) Mantarace’s decision if it does mediate the dispute.
5.1 Email Tools
Mantarace may make available to you features and tools that allow you to contact other users of the Services or third parties via email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:
(b) your use of the Email Tools is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;
(c) your use of the Email Tools will be solely to advertise, promote and/or manage a bona fide event that you have listed on the Services;
(e) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(f) you will identify the email message as an advertisement or commercial in nature;
(g) you will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that Mantarace includes on every email; and
(h) you will not email any person that you know or have reason to know has opted out of receiving emails from you.
If you fail to abide by any of the foregoing, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails are found to cause disruption to the Services, Mantarace may, among other actions, limit or suspend your access to the Email Tools.
6. Account, Password And Security
As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that Mantarace shall be the sole arbiter of such dispute in its discretion and that Mantarace’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify Mantarace of any unauthorized use of your password or account or any other breach of security.
6.3 Age Restrictions
7.1 Site Content
7.2 Your Content
7.3 Feedback & Revisions
You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Mantarace by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Mantarace or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Mantarace. All Feedback and Revisions become the sole and exclusive property of Mantarace and Mantarace may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Mantarace any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Mantarace. At Mantarace’s request, you will execute any document, registration or filing required to give effect to these provisions.
8.1 Certain Restrictions
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree (1) to use the Services in accordance with our Community Guidelines; and (2) not to use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;
(d) impersonate any person or entity, including, but not limited to, an Mantarace representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;
(h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) attempt to probe, scan or test the vulnerability of any Mantarace server or network or breach any security or authentication measures, unless you are an authorized contractor of Mantarace specifically engaged to provide such services;
(l) attempt to avoid or circumvent any technological measure implemented by Mantarace to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
(m) solicit any User to use a third party service that competes with Mantarace;
(n) advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
(o) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
(p) resell tickets or registrations;
(q) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;
(r) collect social security or insurance number, financial account number, drivers’ licence number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Mantarace’s prior written consent; or
(s) stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights
10. Referrals And Public Affiliate Marketing Program
11. Additional Services
12. Service Modifications
Mantarace isn’t a job shop, it isn’t a white label solution and it isn’t a walled garden built specifically for each Organiser. Mantarace is one of the broadest and most full featured event ticketing and registration platforms in the world. We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to Mantarace as you use the Services, there would be no refund of fees already due following any such change to the Services.
13.1 Third Party Websites
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Mantarace has no control over such websites and resources, you acknowledge and agree that Mantarace is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Mantarace partners or third party service providers.
13.2 Linked Accounts
As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that Mantarace may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.
14. Privacy; Customer Information
14.3 Payment Data
Mantarace will not share with an Organiser any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organiser, so Attendees should enter such information only under “Payment” on the order payment page.