myRunstreak
Terms of Service
The myRunstreak website available on http://www.myrunstreak.com (the “Website”), related mobile applications and services (collectively, the “Services”) are made available to you by myRunstreak Limited (“myRunstreak”) with its address at Hang Lung House, Suite 5B, 184-192 Queen’s Road Central, Hong Kong, subject to these Terms of Service (the “Terms”) and in accordance with the myRunstreak Privacy Policy (the “Privacy Policy”). More information about the Services may be found at the Website. You agree to comply with these Terms and any supplemental terms which myRunstreak makes available to you on the Services which shall form part of the Terms. By accessing, using or uploading or downloading any information or materials to or from the services, or by indicating your assent to these Terms by creating an account, clicking “sign up” or any similar mechanism, you are agreeing to these Terms. If you do not agree to these Terms, do not access or use the services.
The myRunstreak Services cannot be provided and the agreement described in these Terms of Service cannot be performed without myRunstreak processing data about you. Processing of the data you share with myRunstreak is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
Registration and Accounts
To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that myRunstreak may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or myRunstreak has reasonable grounds to suspect that such User Data is inaccurate or not current, myRunstreak has the right to suspend or terminate your account and refuse current or future use of the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third parties from illegally accessing the Services or its contents. You agree to immediately notify myRunstreak of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to myRunstreak. You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize myRunstreak to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
Content and Conduct
Content
You own the information, data, text, or other materials you make available in connection with the Services (“Content”). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Content and any name or username that you use in connection with the Services, including activities related to the Services that we may undertake outside the Website and our mobile applications (such as marketing activities in different media formats and channels), without compensation to you. This license ends when you delete your Content or your account.
You understand that you, and not myRunstreak, are entirely responsible for all Content that you make available via the Services. myRunstreak does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. myRunstreak may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. Under no circumstances will myRunstreak be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your Content will not be subject to any obligation of confidence on the part of myRunstreak other than as set forth in our Privacy Policy, and myRunstreak will not be liable for any use or disclosure of any Content you provide.
Conduct
The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
Copying, framing or mirroring any part of the Services;
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to myRunstreak;
Publishing Content that: (i) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (ii) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites; (iii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information; or (iv) is fraudulent or contains false, deceptive or misleading statements, claims or representations;
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services;
Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
Using the Services for any inappropriate commercial solicitation purposes;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). myRunstreak shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
You represent and warrant that you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms.
Electronic Communications
The Services may provide you with the ability to send or post messages and communications to third party service providers, your personal contacts, other users and/or myRunstreak. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which myRunstreak provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not sponsored or approved by myRunstreak (unless expressly stated otherwise by myRunstreak) and (c) communications are not routinely reviewed, screened, archived or otherwise monitored by myRunstreak in any manner, though myRunstreak reserves the right to do so at any time at its sole discretion.
Proprietary Rights
You acknowledge and agree that the Services, any necessary software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by myRunstreak or applicable third party service providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part. myRunstreak grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by myRunstreak. The term MYRUNSTREAK, the myRunstreak logo and other myRunstreak logos and product and service names are the exclusive trademarks of, and are owned by, myRunstreak Limited, and you may not use or display such trademarks in any manner without myRunstreak’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners. myRunstreak reserves all rights not expressly granted hereunder.
Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to myRunstreak a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send myRunstreak any Feedback that you do not wish to license to us as set forth above.
Disclaimer of Warranties and Liability
The information, software, products, services and content available through the services are provided to you “as is” and without warranty. myRunstreak and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. myRunstreak and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the service will meet your requirements; (b) your content will be available or the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected. You expressly agree to release myRunstreak, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability in connection with your athletic activities and/or use of the myRunstreak Website, mobile applications, Content, Services or products, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the Services, (b) any delay or inability to use the Services experienced by you, or (c) any information, software, products, services or content obtained through the Services, whether based on contract, tort, strict liability or otherwise, even if myRunstreak has been advised of the possibility of damages. If you are a consumer residing in the European Union, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these Terms do not affect those statutory remedies.
Choice of Law and Forum
Any action related to the Terms, Content, the Services, and your relationship with myRunstreak shall be governed by, and construed and interpreted in accordance with, the laws of Hong Kong without regard to its conflict of laws principles. Any conflict, dispute, or disagreement arising out of the Terms, Content, the Services, and your relationship with myRunstreak shall be referred to the courts of Hong Kong. The parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union to the extent that your local laws in your European Union Member State may allow you to take legal action against myRunstreak in your Member State and to invoke certain local laws against myRunstreak.
Termination
You are free at all times to terminate your account by following instructions available on the Website or via the myRunstreak mobile applications. You agree that myRunstreak may at its sole discretion immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any portion thereof), (d) unexpected technical or security issues or problems, and/or (e) extended periods of inactivity. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.
General
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and myRunstreak as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and myRunstreak with respect to your use of the Services. The failure of myRunstreak to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of myRunstreak. myRunstreak has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. myRunstreak’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Modification of the Terms and Services
Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. myRunstreak reserves the right to update the Terms at any time and for any reason in its sole discretion. myRunstreak will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. myRunstreak and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, and programs described at any time and for any reason in its sole discretion. The mobile applications may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. myRunstreak reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that myRunstreak shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Support and Questions
We will respond to any questions regarding the Services and these Terms via http://www.myrunstreak.com.
© 2021 myRunstreak Limited