Terms and Conditions
Terms and conditions of use/
GENERAL TERMS & CONDITIONS AND RESTRICTIONS ON USE OF MATERIALS
By using this Digital Content, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right to terminate your password, user account, and/or access to this Digital Content (or any part thereof). LogYourRun may discontinue or alter any aspect of the Digital Content, including, but not limited to, (i) restricting the time the Digital Content is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Digital Content, at LogYourRun’s sole discretion and without prior notice or liability. You agree that any termination of your access to the Digital Content under any provision of these Terms & Conditions may be effected without prior notice. Further, you agree that LogYourRun shall not be liable to you or any third-party for any termination of your access to the Digital Content.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Digital Content and the material provided hereon for your use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Digital Content contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. LogYourRun is a proprietary trademark belonging to LogYourRun LLC. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Digital Content. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Your security is a priority and we strive to provide a safe and secure environment for our customers. However, please note that we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY MATTERS
Unless otherwise specifically noted, the Content and all other materials that appear as part of this Digital Content are copyrights, trademarks, trade dress and/or other intellectual properties (“Intellectual Property Rights”) owned, controlled or licensed by LogYourRun. All data submitted to the LogYourRun database is the sole property of LogYourRun. This includes but is not limited to: running log data, route data, training program data, running blogs and message board posts. The Digital Content as a whole is protected by Intellectual Property Rights in and to which LogYourRun has rights, titles, and interests. The Content of our Digital Content, and the Digital Content as a whole, are intended solely for personal, noncommercial use by the users of our Digital Content.
FORUM, MESSAGE BOARDS, BLOGS, AND EMAIL
You acknowledge that all Content and all other information and materials posted, emailed, or otherwise transmitted to or on this Digital Content, including but not limited to member forum, message boards, and member blogs, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Digital Content. We do not control the Postings posted, emailed or otherwise transmitted on our Digital Content by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. You understand that by using this Digital Content, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content specifically developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Digital Content.
All Postings are public and not private communications. We reserve the right to monitor some, all, or no areas of this Digital Content for any other purpose. You acknowledge that by providing you with the ability to distribute Postings we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any forum. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
Some of our members will make their email addresses available if they wish to converse with other users with similar interests and/or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. LogYourRun is not responsible for the content of email messages sent by its members or from a third party.
In using our message boards or blogs you agree to follow our Community Guidelines, which includes the following:
· Respect everyone’s opinions. Even though you might not agree with someone, that does not mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
· No profanity or explicit content.
· No profile pictures that might be considered "inappropriate".
· No posts that could be interpreted as threatening or harassment.
· No advertising or product promotion is permitted.
· LogYourRun has the right to remove a Posting if it does not meet these standards.
· You have the right to edit any of your Postings.
· If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED". We do not typically delete threads on request.
LogYourRun may collect personally identifiable information from you in a variety of ways. Personally identifiable information may include (i) contact data (such as a customer’s name, mailing and e-mail addresses); (ii) financial data (such as a customer’s credit card number); and (iii) demographic data (such as a customer’s zip code, age and income). If you communicate with LogYourRun by e-mail, post messages to forums or blogs, any information provided in such communication may be collected by LogYourRun. The personally identifiable information LogYourRun collect from you is used to improve the content of our Digital Content and it may be shared with other reputable organizations to help them contact consumers for marketing purposes. If you do not want us to share your e-mail address with other companies or organizations, please contact us in writing or over the phone.
LogYourRun may collect information about how you use our Digital Content, for example, by tracking the number of unique views received by the pages of the Digital Content, or the domains from which you originate. We may use “cookies” to track how you use our Digital Content. A cookie is a piece of software that a Web server can store on your computer and use to identify you should you visit the Digital Content again. LogYourRun may also gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. LogYourRun may use this information, which does not identify individual users, to analyze trends; to administer the site; to track user movements around the site; and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. While not all of the information that we collect from you is personally identifiable, it may be associated with personally identifiable information that you provide us through our Digital Content.
LogYourRun use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies please check with Google AdSense.
In the event LogYourRun goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred.
LogYourRun reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on LogYourRun.
Sharing a route via email, forum post, or other methods will reveal the starting location and running history for that route. Routes are not publicly listed, but are publicly accessible if you share the link URL. Use caution when posting or sharing routes.
The Digital Content may provide, or third parties may provide, links to other websites on the Internet or resources. Because LogYourRun has no control over such sites and resources, you acknowledge and agree that LogYourRun is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for accuracy, quality, reliability of any content, advertising, products, or other materials on or available from such sites or resources.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request or on your own, you send, email, post or otherwise transmit to us or this Digital Content stories about yourself or your training progress, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. Except as otherwise provided in Terms & Conditions, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, worldwide non-exclusive right and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any Intellectual Property Rights that may exist in such Submissions. You also warrant that any third party holder of any Intellectual Property Rights in such Submissions has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
YOUR PASSWORD AND USER ACCOUNT
If you are a registered user or subscriber of this Digital Content, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
USER REPRESENTATION AND WARRANTIES
By registering with the Digital Content, you acknowledge and warrant that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by LogYourRun.
LogYourRun recommends that you consult with your physician before following any training instructions you receive through the Digital Content or participating in any event announced on the Digital Content. LogYourRun is not a licensed medical care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Digital Content is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You hereby certify that you understand the risk of serious physical injury and/or death when participating in any exercise or exercise program. LogYourRun is not responsible for any health problems that may result from training programs, products, or events you learn about through the Web Site.
This Digital Content, any Content or Submission is provided “AS IS,” and LogYourRun does not guarantee the functionality of the Digital Content or a particular result from the use of the Digital Content. You acknowledge and agree that LogYourRun is not liable for any interruption or breakdown of service, loss or corruption of data, attacks against the Digital Content from third parties, any technical malfunction at any point in the provision of the service of the Digital Content or force majeure.
LogYourRun expressly disclaims any responsibility for the loss or damage, including personal injury or death, resulting from the use of the Digital Content or from any Content or Submissions posted on the Digital Content or any interactions among users, whether online or offline.
LOGYOURRUN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. LOGYOURRUN DISCLAIMS ANY WARRANTY THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS DIGITAL CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOGYOURRUN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOGYOURRUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE DIGITAL CONTENT; (ii) THE USE OF ANY CONTENT OR POSTINGS ON THE DIGITAL CONTENT OR ANY WEBSITES LINKED TO THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR DIGITALCONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE.
You agree to defend, indemnify and hold LogYourRun, its members, managers, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Digital Content, any Submissions made by you (or your account) or any services or products offered by LogYourRun. You further acknowledge and agree that, under no circumstances, will LogYourRun, its members, managers, officers, employees and agents be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
The validity and effect of these Terms &
Conditions shall be governed by and construed and enforced in accordance with
the laws of the State of
Copyright and Copyright Notices
LogYourRun respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LogYourRun with the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the site;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact LogYourRun for notice of claims of copyright infringement at: firstname.lastname@example.org.
This Digital Content is operated by LogYourRun LLC.
© 2007-2012 LogYourRun LLC