Terms and Conditions

SwimOptimum Analysis – Terms of Sale and Website Terms and Conditions

SwimOptimum is the trading name for the Intellectual Property owned by Inform Information System Ltd (“IIS”). For the purposes of this document the term where referred to as an entity SwimOptimum shall refer to IIS.

SwimOptimum contains a methodology of Swimming Technique Analysis developed by the SwimOptimum team at Inform Information Systems and Nick Gillingham MBE, of Sports Communication Group Ltd (“SCG”).

Each stroke is broken down into a series of many elements with the swimmers current technique identified and scored out of 10. These scores are accumulated and weighted according to the SwimOptimum algorithm to assign an Overall SwimOptimum score. A brief overall summary and recommendations of either drills or products by SwimOptimum coaches are also provided.

The analyses are provided in electronic form via the SwimOptimum Website via a secure logon process. The maintenance of passwords is the responsibility of the End User. These analyses may be printed for personal use of the End User.

End User is defined as the individual swimmer for whom the analysis is provided.

In the event that the End User is under the age of 18 then the End User is deemed to be the Legal Guardian of the End User. If the End User is under the age of 18 then acceptance of these terms and conditions requires parental consent.

No individual detailed SwimOptimum Analysis will be released to the SwimOptimum user community or the general public without specific permission from the End User. Aggregated SwimOptimum scores may be used to provide reference aggregate scores for other SwimOptimum Users.

SwimOptimum Analysis Video Consumption

At this time SwimOptimum Internet Video Delivery Service makes use of the industry standard Google’s YouTube Video Delivery service using either unlisted or private videos.

Unlisted videos do not require a YouTube userid to be viewed and do not show up in any general search but can be viewed by anyone knowing the unique URL.

Private Videos require the End User to have a YouTube user ID which must be set up in SwimOptimum prior to the viewing of Video and the SwimOptimum administrator will then grant access. Due to current YouTube restrictions it is possible that Private Videos may have to be viewed via the YouTube Website rather than embedded in the SwimOptimum WebPage.

The choice of unlisted or private is a “per video” choice and cannot be altered afterwards.

The End User can choose at payment time either to not view the swimmer video or to view the video either as “Unlisted”, the default or “Private”.

If the End User chooses not to view the video then these videos will be deleted after a period of 3 months from the SwimOptimum archives and will not be uploaded to the SwimOptimum Internet Delivery Service.

SwimOptimum is not responsible for any misuse by the End User of YouTube video and ALL/ANY subsequent sharing of YouTube videos is entirely the responsibility of the End User.

SwimOptimum reserves the right to delete videos which are subject to misuse and in the event of the website being discontinued all SwimOptimum videos will be deleted.

The use of YouTube is according to the terms and conditions at http://www.youtube.com/t/terms . Note: SwimOptimum reserves the right to change the video delivery service to an alternative provider without notice and move all YouTube content as deemed necessary.

SwimOptimum Logon Usage

The use of the SwimOptimum logon is restricted to the End User – logon IDs cannot be shared amongst different users. SwimOptimum reserve the right to track logon ID usage and if it is apparent that this restriction is being abused it has the right to suspend the logon ID.

SwimOptimum Stock Content Video Consumption

Stock Content shall only be used within the context of the SwimOptimum Website. The End User is expressly forbidden to utilize stock content in any other manner.

SwimOptimum Analysis

SwimOptimum provides analysis and recommendations based on the expertise of SwimOptimum coaches and these are designed to assist the stroke development of the End User and represent the current views of SwimOptimum Coaches. The analysis is for informational purposes only. SwimOptimum MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN the Analysis or website.

SwimOptimum reserves the right to amend the structure and content of its Website and the Analysis as it deems fit. SwimOptimum reserves the right to amend its terms and conditions and SwimOptimum users will be notified of any changes via the Website. SwimOptimum reserves the right to discontinue the SwimOptimum Website with a minimum of 3 months notice which will be provided via the home page of the Website. This will allow the End User to print out the Analysis for future reference which is for the End Users personal use in perpetuity.

End User agrees SwimOptimum retains exclusive ownership of the trademarks represented by its company name and logo and product names including but not limited to the SWIMOPTIMUM Website and Analysis, and all of the documentation and computer recorded data related thereto. All other product and service names mentioned are the trademarks of their respective companies.

End User also agrees that all techniques, algorithms, and processes contained in SwimOptimum computer program products or any modification or extraction thereof constitute TRADE SECRETS OF SwimOptimum and will be safeguarded by End User, but in no event shall End User exercise less than due diligence and care in accordance with the laws of the country of purchase and International Law, whichever operates to best protect the interests of SwimOptimum.

End User shall not copy, reproduce, re-manufacture or in any way duplicate all or any part of LICENSOR products WHETHER MODIFIED OR TRANSLATED INTO ANOTHER LANGUAGE OR NOT, or in any documentation, or in any other material provided by SwimOptimum in association with SwimOptimum’s computer program products except as specified in this Agreement and in accordance with the terms and conditions of this Agreement which remain in force.

End User agrees that unauthorized distributing, copying, duplications, or otherwise reproducing ALL OR ANY PART OR TRANSLATED PART of the computer program products provided by SwimOptimum or the failure to protect such computer programs will actually and materially damage SwimOptimum.

End User agrees that in the event End User breaches this agreement, End User will be liable for damages as may be determined by a court of competent jurisdiction.

Complying with all applicable copyright laws is the responsibility of the End user.

Without limiting the rights under copyright, no part of the SwimOptimum Website or Analysis be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), or for any purpose, without the express written permission of Inform Information Systems Ltd.

EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, THE COMPANY MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE COMPANY PRODUCTS AND ANY SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION THAT THE SOFTWARE OR ITS OPERATION IS ERROR-FREE OR UNINTERRUPTED, OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

For the avoidance of doubt SwimOptimum content and technology is the intellectual property of Inform Information Systems Ltd.

Limitation of Liability

Nothing in these Terms shall exclude or limit SwimOptimum’s liability for losses which may not be lawfully excluded or limited by applicable law.

Subject to the provision in the immediate paragraph above SwimOptimum shall not be liable to you for:

A. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;

B. any loss or damage which may be incurred by you as a result of:

  1. any reliance placed by you on the completeness, accuracy or existence of any content/advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
  2. any changes which SwimOptimum may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
  3. the deletion of, corruption of, or failure to store, any Content maintained or transmitted by or through your use of the Service;
  4. your failure to provide SwimOptimum with accurate account details;
  5. your failure to keep your password or SwimOptimum account details secure and confidential.

The limitations on SwimOptimum liability to you in paragraph 13.2 above shall apply whether or not SwimOptimum has been advised of or should have been aware of the possibility of any such losses arising.

General Legal terms

The Terms constitute the whole legal agreement between you and SwimOptimum and govern your use of the Service and completely replace any prior agreements between you and SwimOptimum in relation to the Service. All other terms of service that Inform Information Systems Ltd. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.

14.2 You agree that SwimOptimum may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

14.3 You agree that if SwimOptimum does not exercise or enforce any legal right or remedy which is contained in the Terms (or which SwimOptimum has the benefit of under any applicable law), this will not be taken to be a formal waiver of SwimOptimum rights and that those rights or remedies will still be available to SwimOptimum.

14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

14.5 You acknowledge and agree that each member of the group of companies of which SwimOptimum is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.

14.6 The Terms, and your relationship with SwimOptimum under the Terms, shall be governed by English law. You and SwimOptimum agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SwimOptimum shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction

Last Updated. August 2010