Terms & Conditions
BY USING THIS SERVICE, YOU ACCEPT ITS TERMS AND AMENDMENTS. IF YOU DO NOT ACCEPT, YOU CANNOT USE THIS SERVICE.
1. RUNNERSQUARE SERVICES
RUNNERSQUARE is the trademark under which the company KEBLAR E -TOOLS TECHNOLOGIES, LLC - a Spanish company - provides these services. It is domiciled in C/Les Corts No.27 Pol. Ind. Les Corts, Cabrera de Mar, Barcelona, Spain ("Runnersquare" or “us").
The services of RUNNESQUARE will allow you to share and enjoy your hobbies and sports experience in a more pleasant way. These services are provided through internet connections and mobile internet and using mobile devices and other data devices. RUNNERSQUARE does NOT provide any service of Internet connection, and costs, rates and fees are set by your provider.
Age limits. The services are intended only for users thirteen (13) years old and older, and it is considered a violation of these Terms if anyone under the age of 13 registers to the Platform. Therefore, you declare and certify that you are 13 years old or older. If you are over 13 but under the age of 18 years old, you should review the terms with your parent (s) or guardian (s) to ensure that both you and your parent (s) or guardian (s) understand and accept these conditions. The parent or legal guardian that accepts these terms and conditions on behalf of a child, agrees and accepts full responsibility for his child to use these Services, including all financial charges and legal liability that such child may incur.
3. NOTICE OF WARRANTIES AND LIABILITY
All services provided “AS IS": The Services are provided "AS IS" without express or implied warranty of any kind. RUNNERSQUARE disclaims all warranties to the fullest extent permitted by law, whether express or implied, included, but not limited to, warranties of the title, merchantability, fitness for a particular purpose and non-infringement. RUNNERSQUARE cannot guarantee that the use of the Services will be appropriate, uninterrupted, secure or error free, that mistakes, errors or malfunctions will be corrected, that the Services or the platform or the server that makes the platform available are free of viruses or other harmful thing. To the maximum extent permitted by law, RUNNERSQUARE does not accept or grant any warranties or representations regarding the use of the Services, in terms of suitability, accuracy, adequacy, convenience, reliability, availability or not. RUNNERSQUARE won’t be accountable for any communication between you (registered user) and RUNNERSQUARE. You (registered user) take responsibility and cost of your own choice of data transmission apps and devices. Therefore, your provider regular rates and fees will apply, without the intervention of RUNNESQUARE.
Personal Safety Notice
You (registered/user) understand, agree and accept that all sports and/or recreational activities using the services may have inherent implied and/or expressed risk of bodily injury or death and/or property damage.
You understand, agree and accept that you voluntarily and freely assume all known and unknown risks associated with this type of sports and recreational activities.
You understand, agree and accept that RUNNERSQUARE does not perform and is not responsible for any physical inspection, monitoring, training, execution or performance of any activity related to the services, including but not limited to competitions and featured challenges - official or created by the user - routes, friendly or popular competitions or any training activity in one group or similar, or any event that uses RUNNERSQUARE services, regardless of any information or content related to the Services. RUNNERSQUARE encourages you to always put safety first, follow the applicable traffic rules, not change the configuration of your device and/or software while in motion or in risk areas and always be careful and diligent during exercise.
You understand, agree and accept that you download and obtain the Services at your own risk and you are solely responsible for its use and for any damages to your mobile device, computer system or other device through which you access the services RUNNERSQUARE, and for the data loss or other damages of any kind that may occur as a result. RUNNERSQUARE will never be responsible for that.
No medical advice about physical activity. RUNNERSQUARE Services may include features that promote physical activity. However, you understand and agree that RUNNERSQUARE does not provide any medical advice via these Services. You should consider the risks involved and you may need to consult your healthcare provider before starting any physical activity. RUNNERSQUARE is not responsible for any injury or damage that you may incurwith the use of the Services, or inability to use the Services, or for delay or negligence in seeking professional medical advice from your doctor.
Non-professional and amateur athlete choice. RUNNERSQUARE assumes no responsibility or liability for your use of the Services resulting in your ineligibility as an amateur athlete. Check with your amateur athletic association for the rules that apply to you.
You agree to indemnify, defend and hold harmless RUNNERSQUARE and other Released Parties from and against all liability claims, losses, obligations, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to theuser-generated Content, the use of Services and/or Content and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or rights of others.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS- RESTRICTIONS OF USE
All rights of intellectual and industrial property regarding the Content as described below (other than User-generated Content) featured or displayed on the Site or through the Services, are the property of RUNNERSQUARE, its affiliates or partners of RUNNERSQUARE and they are protected by the provisions of R.D. 1/1996, of April 12th approving the revised text of the Copyright Act, as amended by Law 5/1998 of March 6th, the subject of protection being not only the data contained therein, but also the collection/collation of data, in the terms provided in Article 133 and following of the Copyright Act in force at the time. Access to Information, authorized and regulated by the present conditions, do not involves the transfer of any other rights under the intellectual property of this and other copyright laws, patent and trademark laws and any other law. The meaning of "Content" includes but is not limited to logos, trademarks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustrations, interfaces, software data, etc. built, regarding or generated by the software. RUNNERSQUARE, its subsidiaries and their respective associates or partners reserve all content rights not expressly granted under these Terms. RUNNESQUARE name, logo and avatar and other RUNNERSQUARE logos and products and services related names are exclusive trademarks of, and are owned by RUNNERSQUARE and may not be used or displayed in any way without the prior written consent of RUNNERSQUARE.
If you download the software, including any content from the website, partner sites and/or distribution channels, the software use license granted to you by RUNNERSQUARE or authors does not transfer ownership of the Software in any case. THE LICENSE TO USE SOFTWARE AND SERVICES IS LIMITED, PERSONAL, nonexclusive, non-transferable and is not for commercial use.
BAN ON COMMERCIAL USE. Any commercial use (e.g. Advertising, SOLICITATION AND OTHER COMMERCIAL CONTENT) IS SUBJECT TO PRIOR WRITTEN AGREEMENT WITH RUNNERSQUARE. However, RUNNERSQUARE accepts that non-profit activities of public sports clubs may use the Services, in connection with non-commercial and non-profit public sporting events, provided full reference is made to Runnersquare trademarks and/or its business partners.
You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions.
5. WAY OF USE and content generated by users
To utilize all the services available, you must create an account RUNNERSQUARE either by directly signing up through the Application, the Website or using other features provided by RUNNERSQUARE and made available through the Services. Any registration is subject to providing with the personal information that is true, accurate and complete ("User Data") that is required for the proper and valid registration operation. You agree to keep the user data accurate and current and therefore to update your user data without delay when necessary.
You are responsible for all event occurring during the use of your RUNNERSQUARE account. You must keep your username and password and not allow anyone else to access the Services. RUNNERSQUARE is not responsible for any loss resulting from unauthorized use of your user name and password, with or without your knowledge.
Any content that you and/or other users post or make available to the platform and through the Services or RUNNERSQUARE App, except Content that is property of RUNNERSQUARE or of its subsidiaries or partners, will be considered "content generated by users" (or user-generated Content)including communications (comments, words of encouragement, etc.), resources, information, data, profiles, messages, notes, website links, text information, photos, music, videos, designs, graphics, sounds, and any other content.
You are granted a limited, nonexclusive right to create a text hyperlink to the website, provided that such link does not represent RUNNERSQUARE, its trademarks or any of its brands, products or services in a false, misleading, derogatory or defamatory, and expressly indicates that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable content.
You agree not to use the Services RUNNERSQUARE to send or transmit any material which is or may be infringing the intellectual property rights of third parties, or any harassing, threatening, false, misleading, seditious, libelous material, or that may cause an threat to privacy, or the disclosure of private, obscene, pornographic, abusive, discriminating, illegal information, or any material that could constitute or encourage conduct that would be considered as a criminal offense, violate the rights of any party, or in other ways may give rise to civil liability or breach of any relevant laws in your local jurisdiction.
Disclaimer for User Interaction. You are solely responsible for your interactions with other users, either online or in person, including, but not limited to comments, challenges, routes, encouragement, friendly competition, etc. RUNNERSQUARE takes no responsibility for any loss or damage resulting from any interaction with other Services’ users, people that you meet through the Services, or the people you find in connection with Content Generated by Users published in, for or through RUNNERSQUARE Services. You agree to take reasonable precautions in all interactions with other users of the platform, and conduct any necessary investigation before meeting another person. RUNNERSQUARE has no obligation to participate in any conflict between users, but may do so at their own discretion. If RUNNERSQUARE decides to monitor any Content Generated by Users, it takes no responsibility or obligation to monitor or remove such Content.
RUNNERSQUARE does not monitor or screen any user-generated content before publication. RUNNERSQUARE assumes no obligation or liability relating to any User-Generated Content or activities of users on the Services.
RUNNERSQUARE reserves all rights to edit, delete or refuse to publish user data, user-generated content, or cancel an account for any reason.
You acknowledge, consent and agree that RUNNERSQUARE may access, preserve and disclose your user data, and other information of your User-Generated Content, if it is required by law or if good faith considers such preservation or disclosure is reasonably necessary to comply with a legal process, to enforce the terms, respond to claims that any Content or user-generated Content violates the rights of others or to protect the rights, property or personal safety of RUNNERSQUARE, its users and the general public.
6. THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS
RUNNERSQUARE can choose at any time its associates, business partners and any other third party providers of products or services, advertising and other deals available through the Services. Offers available to you, even if they are branded with RUNNERSQUARE, are made and offered directly by the third party vendor or advertiser, unless otherwise expressly noted. You acknowledge and agree that if you buy any of these products or services you are contracting directly with the business partner or third party service provider or advertisers. Your correspondence or business relations, or participation in promotions of advertisers or third party service providers of services found on or through the Website or App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations are related to such dealings or business, are solely between you and such third party service provider or advertiser. RUNNERSQUARE will not be responsible for the fulfillment or un-fulfillment of any third party service provider or advertiser and for any loss or damage of any kind resulting there from. RUNNERSQUARE DOES NOT OWNNOR HAS ANY RIGHTS ON ANY PRODUCTS SOLD. RUNNERSQUARE IS ONLY AN INTERMEDIARY. THEREFORE,ANY CLAIM OR DOUBT ABOUT SHIPPING OF PRODUCT/SERVICE OR ABOUT THE PRODUCT/SERVICE ITSELF, CAN ONLY BE SATISFACTORILYRESOLVED BY THE SELLING COMPANY OR BY THE THIRD PARTY PROVIDER OR ADVERTISER, AND NOT BY RUNNERSQUARE.
RUNNERSQUARE may contain links and pointers to other websites owned by third parties, in respect of whom RUNNERSQUARE cannot, therefore, take any responsibility.
8. CANCELLATIONS, TERMINATION, OR AMENDMENT
RUNNERSQUARE reserves the right to modify, suspend and/or cancel any and all services at any time and without notice.
RUNNERSQUARE may at any time, in its sole discretion, for any reason or for no reason and without any warning or notification, edit or delete in whole or in part, any user account and User-generated Content and more, to restrict users use of all or part of the Services. RUNNERSQUARE also reserves the right to block users from certain IP addresses or device numbers and prevent them access to the Services. You understand, acknowledge and agree that any of your User-generated Content, shown outside of your profile, in other parts of the Services, or other platforms (e.g. Facebook, Twitter, etc.) may continue to appear on the Services or on other platforms, even after your User-generated Content is removed or your account is canceled.
9. INVALIDITY AND COMPLETE AGREEMENT
The illegality, invalidity or total or partial unenforceability of any provision of these Conditions (Terms) for any purpose, shall not affect the legality, validity or enforceability of such provision for any other purpose or the remaining provisions of these Terms and Conditions (Terms).
RUNNERSQUARE may transfer its rights and obligations under these terms to any party at any time without notice.
RUNNERSQUARE may use subcontractors to provide services. Such subcontracting parties shall comply with the applicable provisions of the Terms.
The use of the Services will not imply there is any joint venture, partnership, employment or agency relationship between you and RUNNERSQUARE.
RUNNERSQUARE has the right to revise these Terms at any time. RUNNERSQUARE will inform you of this document by mail, on the website, via the Services and/or by other means deemed appropriate and sufficient for RUNNERSQUARE.
RUNNERSQUARE failure to insist upon strict compliance with any of these Terms shall not be deemed as a waiver of any provision or right.
Neither the behavior between the parties nor the commercial practice shall modify any of these Terms.
11. PROTECTION OF PERSONAL DATA AND LSSI
RUNNERSQUARE fulfills at any time all obligations applicable in accordance with the “Ley Orgánicade Protección de datos” (LOPD – Data Protection Act),its Regulation and the “Ley de Servicios de la Sociedad de la Información y comercioelectrónico” (LSSSI - Law of Services of the Information and E-Commerce Companies).
In particular, in compliance with the provisions of the LOPD, you are informed that any personal data, obtained or provided as a result of the acceptance of these Terms, will be incorporated into a file owned by RUNNERESQUARE, expressly consenting - by accepting these Terms - the treatment of these data, since the purpose of the treatment is the correct handling of the contractual relationship and the negotiation of services.
As a registered user and/or member, you are hereby informed that in relation to these data, you may exercise your rights of access, rectification, cancellation and opposition at the given address.
As a user you authorise RunnerSquare to share your contact data to third party companies that are using RunnerSquare digital platform to register, manage and measure user's physical activity.
12. APPLICABLE LAW
These Terms and Conditions will be in force and interpreted in accordance with its wording, in the meaning that is more common in the Spanish law. The parties shall endeavor to resolve by agreement any difficulties or doubts on the implementation or interpretation of the provisions of this Agreement.
In case of disagreement, the parties agree to submit to the jurisdiction of the Courts of Barcelona, expressly waiving any other jurisdiction that may apply, and specifically waiving the United Nations Convention on Contracts of 1980, regarding Trade Contracts (CISG).
You agree that any notice, statement or other disclosed communication that RUNNERSQUARE sends to you electronically will satisfy any legal communication requirements, including the requirement of written communication.
13. CONTACT AND NOTICES
All notices, questions and comments to RUNNERSQUARE regarding these terms, can be sent by email to firstname.lastname@example.org