(4 July 2016)
Just like you, we don't like reading long user Terms.
However, because we're committed to being straightforward, open about our business practices and to acting with integrity at all times, it's important to us to make sure that the terms of our contract with you are clear and accessible.
PLEASE THEREFORE READ THESE TERMS OF SERVICE ('TERMS') CAREFULLY. THEY FORM A BINDING CONTRACT BETWEEN YOU AND US, PROJECT X LTD, THE COMPANY THAT OWNS AND OPERATES THE RACEFULLY BUSINESS, INCLUDING THE RACEFULLY MOBILE APP (OUR 'APP'), OUR WEBSITES AT RACEFUL.LY AND RUNSELFI.ES (OUR 'WEBSITES'), OUR BLOG AT BLOG.RACEFUL.LY (OUR 'BLOG') AND OUR PAGES ON FACEBOOK, LINKEDIN, TWITTER, INSTAGRAM AND ANY OTHER SOCIAL MEDIA PAGES WE OPERATE FROM TIME TO TIME (OUR 'SOCIAL MEDIA PAGES').
YOU MAY NOT USE OUR APP, WEBSITES, BLOG, SOCIAL MEDIA SERVICES OR ANY OTHER SERVICES WE MAY PROVIDE FROM TIME TO TIME ('SERVICES') IF YOU DO NOT AGREE TO THESE TERMS. BY USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH THEM.
“Racefully” is the brand we trade under and a registered trade mark of Project X Ltd. So, when these Terms refer to 'we', 'us', or 'our', we mean Project X Ltd. Our full corporate details are shown at the end of these Terms.
These Terms were last updated on the date shown above. We reserve the right to amend or replace these Terms at any time. We will endeavour to notify you of important changes by posting a notice about them on raceful.ly or through our app. However, it is your responsibility to regularly check these Terms and ensure that you understand and comply with them. Your continued use of any of our Services constitutes your acceptance of our Terms as updated and/or replaced from time to time.
But we're sorry, our Services must not be used by anyone under the age of 13. Please do not use these Services if you are less than 13 years old or allow someone under that age to do so. And if you are under the age of 18, you must get a parent or guardian's consent to using our Services. Please don't use them if you don't have that consent.
We want you to love Racefully and the Services we provide. So we are focused on delivering as great a service as we possibly can, and to keep improving the Services we make available. However, we may sometimes need to modify, suspend or cease to provide a Service, and - subject to the provisions below relating to any Services you may have paid for - we reserve the right to do this without notice and without liability to you.
By registering for any Service, you confirm that you are of legal age to form a binding contract with us and that you are entitled to enter into contractual relations with us.
We may from time to time make certain Services available to you on a paid basis. We will ensure that the full price for any paid Services is clearly shown before you are charged for such Services. You agree to pay for all paid Services you request that we provide to you.
TO AVOID YOUR ACCOUNT BEING MISUSED BY OTHERS, YOU MUST KEEP YOUR USERNAME AND PASSWORD SECRET AND SECURE. IF YOU BELIEVE THE SECURITY OF YOUR DETAILS HAVE BEEN COMPROMISED PLEASE IMMEDIATELY CHANGE YOUR PASSWORD (YOU SHOULD CHANGE IT REGULARLY AS A MATTER OF GOOD PRACTICE IN ANY EVENT) AND LET US KNOW. YOU WILL BE CHARGED FOR ALL PAID SERVICES THAT ARE ORDERED THROUGH YOUR ACCOUNT.
Currently, all Racefully Services are provided free of charge. If we make paid for Services available in the future, we will notify you of your cancellation rights and of course comply with local laws relating to cancellation of consumer contracts.
We want you and all our users to enjoy using Racefully at all times. We're sure you feel the same. But, just so you don't have to guess what that actually means and there's no scope for any misunderstanding, here are the rules that you and all users must observe (the “Community Rules”):
All of these rules also apply to how you interact with us and our team, whether through the Services or otherwise.
In summary, please treat everyone with the respect, patience and courteousness that you would expect for yourself and those you care about. Thank you.
For the purposes of these Terms:
'Content' means all content of any kind, whether electronic or in tangible form, and includes data, software, links, tags, text (including messages and other communications), images, animations, audio content and videos; and
'Share' means upload, post, share (whether with specified individuals or otherwise), or otherwise distribute or make available.
We are not obliged to monitor or moderate any Content on the Services, but we may choose to do so. You agree that we may monitor or moderate any Content that you Share through the Services either for purposes of ensuring it can properly be displayed or used on the Services, or to ensure that it complies with these Terms. This means that you agree that we may reformat, edit or otherwise modify your Content, or refuse to allow it to be Shared on or remove it from the Services if it does not comply with these Terms, without any liability to you.
If we become aware of any objectionable or illegal Content on the Services, we will generally do our best to remove it as soon as possible. However, we cannot practically or legally monitor or police all Content on the Services at all times. You agree that in no circumstances will we be liable to you for any third party Content on the Services or the activities of any other users of the Services.
For the purposes of these Terms:
'Public-Facing Content' means all Content that you Share on the Services except for: (1) account and payment information that you provide directly and solely to us, and/or (2) the content of text or voice messages that you Share privately on the Services privately with other users.
If you believe that any Content on the Services infringes third party intellectual property rights or is otherwise illegal, please notify us immediately at: firstname.lastname@example.org
The Services may contain links to third party websites, products and services. The presence of such links on our Services does not mean that we endorse the content, products or services that they link to, or their suppliers. We have no control over these suppliers or their activities or the websites that we link to. You should therefore carefully review the terms of service and the privacy policies of any such suppliers before dealing with them, and it is entirely your choice and at your discretion as to whether to do so. We will not be liable for any damage or losses you sustain as a result of or in connection with your dealings with any such suppliers or use of their websites, products or services.
The Services and the software and other technology used to deliver the Services are our property and/or the property of our licensors and protected by local and international intellectual property and other laws. You must not use them other than for the purposes for which we make them generally available. In particular, you must not copy or modify them, or make them available or grant (or purport to grant) any rights in respect of them to any third parties. In addition, if you wish to make our software interoperable with any other software, you must contact us and set out the information you require to do this. If we consider that your request is legitimate and we are obliged to do so, we will provide you with that information. In all other circumstances, you may not reverse engineer, reverse assemble or otherwise seek to discover any source code of our software, or attempt to do any of the above in any circumstances.
The term “Racefully” and the Racefully logo, and our other product and service names are our exclusive property and protected by local and international intellectual property and other laws. You may not use or display them without our express prior written consent. Any third party trade marks on the Services are the property of their respective owners and should not be used or displayed without their prior consent. If you bring any claim challenging our intellectual property rights we shall be entitled to immediately cease providing the Services to you and to terminate these Terms.
To be able to use our app, you need to have an appropriate smartphone and to keep the operating system and the app updated. You generally also need to be within range of a mobile data network and have your location data settings switched on, and your phone needs to be capable of being tracked by the global GPS system. Our other Services are also dependent on third party technologies including the availability of an internet or mobile data connection. You are responsible for ensuring that you have the necessary hardware, software and connectivity - these are not provided by us. You should also be aware that while we use reasonable endeavours to keep the account and payment data that you provide to us confidential, the hardware, software and connectivity services you use are not necessarily secure and we are not responsible for their security. You should make sure that you have appropriate ant-virus software installed and that you keep it updated.
It won't surprise you that we are firm believers in exercise and its positive effects on our health and well-being. However, that doesn't mean that all exercise is good for you. For example, running or cycling in traffic is dangerous. And so is exercising with your eyes fixed on a mobile phone screen. Over-exerting yourself is not good for you either, and nor is failing to take regular breaks or having recovery days. In short, we urge you to exercise responsibly and to take care while using our app. In fact, to be absolutely clear, we are not responsible for your well-being or safety while using our Services, so please take care and exercise safely.
WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING THE SERVICES.
IN ALL OTHER RESPECTS, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT LIABILITY TO YOU OF ANY KIND AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY / MERCHANTABILITY, AND FITNESS FOR PURPOSE. WITH THE EXCEPTION OF THE WARRANTIES EXPRESSLY SET OUT IN THESE TERMS, WE MAKE NO OTHER WARRANTIES, INCLUDING ANY WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ACCESSIBLE WHEN YOU WISH TO USE THEM, SECURE, PROVIDED ON A TIMELY BASIS, OR BE ERROR-FREE OR FREE FROM VIRUSES, (2) THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (3) THE SERVICES WILL MEET YOUR EXPECTATIONS OR ANY SPECIFIC PURPOSE YOU HAVE IN MIND (EVEN IF COMMUNICATED TO US), and/or that (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES OR ANY ELEMENT OF THEM WILL CONTINUE TO BE PROVIDED OR BE UPGRADED OR UPDATED.
WE WILL NOT BE LIABLE TO YOU IN ANY CIRCUMSTANCES FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER UNDER THESE TERMS OR OTHERWISE.
IF NOTWITHSTANDING THE ABOVE PROVISIONS WE ARE FOUND TO HAVE LIABILITY TO YOU, OUR MAXIMUM LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US OR £100, WHICHEVER IS THE GREATER.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, INCLUDING THOSE IMMEDIATELY ABOVE, WE ACCEPT FULL LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE AND FOR ANY OTHER MATTER FOR WHICH LIABILITY MAY NOT LAWFULLY BE EXCLUDED.
YOU MUST ACCEPT THAT THERE ARE RISKS INVOLVED IN ANY FORM OF FITNESS ACTIVITY AND THAT WE HAVE NO LIABILITY TO YOU IN RESPECT OF YOUR FITNESS CHOICES AND ACTIVITIES. YOU MUST EXERCISE IN ACCORDANCE WITH ANY MEDICAL GUIDANCE PROVIDED TO YOU BY YOUR DOCTOR OR OTHER MEDICAL ADVISERS AND YOU SHOULD IMMEDIATELY CEASE EXERCISING IF YOU FEEL DIZZY, UNWELL, OR INJURE YOURSELF OR ANOTHER PERSON. YOU MAY NOT HOLD US OR ANY OF OUR OFFICERS, EMPLOYEES, STAFF, CONTRACTORS OR AGENTS LIABLE FOR ANY ACCIDENT, DAMAGE, ILLNESS, INJURY OR OTHER HARM SUFFERED BY YOU OR THIRD PARTIES IN CONNECTION WITH THE FITNESS ACTIVITIES THAT YOU UNDERTAKE.
We will hold you harmless and indemnify you in respect of any third party claim brought against you relating to Content generated and Shared by us.
You will hold us, our officers, employees, staff, contractors and agents harmless and indemnify us and each of them in respect of any third party claim brought against us or them relating to any Content you Share on the Services or any of your other activities while using the Services.
In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (each, an "Application"), the following shall apply in addition to these Terms: a. Both you and we acknowledge that the Terms are concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application or the Content; b. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; c. You will only use the Application in connection with an Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service; d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; f. You acknowledge and agree that we and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application; g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; i. Both you and we acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and j. Both you and we acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
You may cease using the Services at any time, but will remain responsible for paying for any Services that you have requested prior to that date.
We may suspend or cease the provision of the Services and/or terminate these Terms immediately and without prior notice if:
These terms are governed by the laws of England and subject to the non-exclusive jurisdiction of the courts of England. We have developed our Services and these Terms to be compliant with the laws of England. We make no representation or other commitment that the Services are lawful in any other jurisdiction (though it is difficult to imagine why they would not be). However, if you are not using the Services in England, it is your sole responsibility to ensure that your use of the Services is lawful in the country in which you are using them.
We are Project X Ltd, a company registered in England & Wales. Our company number is 09239438. Our registered office is at:
22 Percy Street,
London W1T 2BU,
Our VAT number is GB217616218.
You can contact us by email at email@example.com