TERMS OF SERVICE
These terms were last updated on July 18, 2016.
Introduction This website and any other URLs and websites administered under the Smashrun brand and its affiliates (collectively, the "Website") are offered by New York on Tap, Inc. and its affiliates (collectively, "Smashrun" or "We" or "Us") to You, the User, subject to your acceptance of all the terms and conditions set forth below ("Terms of Service"). The terms "You" and "User" refers to all individuals and entities that access the Website.
BY YOUR AFFIRMATIVE ACTIONS OF REGISTERING FOR, USING, AND/OR VISITING THE WEBSITE, YOU AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF SERVICE AND YOUR AGREEMENT TO COMMUNICATE WITH US ELECTRONICALLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE OR REGISTER AT THIS WEBSITE.
Modifications to This Agreement These Terms of Service are subject to change by Smashrun in its sole discretion, at any time, with or without notice. It is the User's responsibility to review Terms of Service for any changes, deletions, inclusion and/or modifications (collectively, “revisions”). The User's continued use of and/or registration on this Website after the posting of revisions will constitute the User's acceptance of such revisions. Please consult the end of these Terms of Service to determine when the Terms of Service were last revised.
Age and Eligibility In order to ensure compliance with the U.S. Children's Online Privacy Act, all Users of Smashrun must certify that they are over the age of 13. Individuals who are under the age of 13 are prohibited from using the Website.
Health Precautions It is always important to consult your physician before starting an exercise program or changing your diet! This is particularly true if any of the following apply to your current medical condition:
- Chest pain or pain in the neck and/or arm
- Shortness of breath
- A diagnosed heart condition
- Joint and/or bone problems
- Currently taking cardiac and/or blood pressure medications
- Have not previously been physically active
Ensure You start gradually and sensibly. If You feel any of the physical symptoms listed above before, or at the beginning of your exercise program, contact your physician right away. Make sure you consult your physician before beginning an exercise program. An exercise-stress test may be used to help plan your exercise program. It is important to recognize that the statistics and content on this Website are for informational use only and should not be construed as advocating, promoting, or encouraging a particular exercise or training routine. This Website is not designed to replace a traditional relationship with your physician or other professional medical provider. WE ARE NOT LICENSED MEDICAL PROFESSIONALS AND HAVE NO QUALIFICATIONS TO DIAGNOSE, PREDICT, OR PRESCRIBE TREATMENT FOR MEDICAL CONDITIONS OF ANY KIND. DO NOT DISREGARD INSTRUCTIONS OR ADVICE PROVIDED BY LICENSED MEDICAL PROFESSIONALS NO MATTER HOW EAGER AND MOTIVATED YOU MAY BE TO PARTICIPATE WITH OTHER SMASHRUN COMMUNITY MEMBERS! In particular, some of the badges and top rankings on the site are not obtainable by everyone. By participating in any exercise program or physical activity, You run some risk of physical injury, up to and including death. IF YOU EXPERIENCE PAIN OR BELIEVE YOU MIGHT BE EXPERIENCING A MEDICAL EMERGENCY, DISCONTINUE THE ACTIVITY AND CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Smashrun specifically disclaims any liability for injuries that may result from your participation in training, exercise routines, or races in conjunction with your use of this site. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
User-Generated Content The User shall be solely responsible for User Content submitted and the consequences of our posting or publishing such User Content. In connection with any User Content that the User submits, the User affirms, represents, and/or warrants that:
Smashrun's Content All intellectual property on this Website, except for User Generated Content provided to the Website, is owned by Smashrun or its licensors, which includes, but is not limited to, materials protected by copyright, trademark, rights of publicity, or patent laws. All content on this Website, except for User Generated Content provided to Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Smashrun; all rights reserved.
User Conduct Smashrun expects our Users to be polite and courteous in their comments, tags, and online interactions with other people - both on and off our site. This Website contains functionality that permits Users to log their run data manually, and Smashrun expects our Users to be honest and forthright with their recordkeeping. Smashrun integrates with various social networks such as Facebook and Twitter. Our aim is to be a helpful and positive tool for fitness success, and we expect our Users to be positive and helpful in their interactions with others.
Email Smashrun collects User email addresses primarily for the purpose of providing training status updates, information from the members' social and group networks, newsletters, and necessary site maintenance notices. The User's email address is private. We will never sell, rent or share the User's email address to anyone. We are real people with real email addresses and take this point seriously.
Copyright, Trademarks, and Service Marks of Third Parties Smashrun has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Smashrun has adopted a policy that provides for the immediate removal of any content or the suspension of any User that is found to have infringed on the rights of Smashrun or of a third party or that has otherwise violated any intellectual property laws or regulations or any of the terms and conditions of this Terms of Service. Smashrun's policy is to investigate any allegations of copyright infringement brought to its attention. If the User has evidence, knows, or has a good faith belief that his or her rights or the rights of a third party have been violated and the User wants Smashrun to delete, edit, or disable the material in question, the User must provide Smashrun with all of the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
- Information reasonably sufficient to permit Smashrun to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, the User must provide it to Smashrun's designated Copyright Agent at:
1562 1st Ave #205-3513
New York, NY 10028-4004
Changes to Website and Fees Smashrun may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, We may, without notice to the applicable user, terminate accounts that have been inactive for more than 90 days (but have no obligation to do so). The User agrees that Smashrun shall not be liable to the User or any third party for any modification, suspension or discontinuance of any feature or component of the Website. Smashrun is currently offered at no charge. This is subject to change.
Law and Jurisdiction If a dispute arises under these Terms of Service, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it. If they are unable to resolve the dispute, either party shall commence arbitration before the American Arbitration Association (AAA), New York Branch, under the Rules of Commercial Arbitration, before a panel of three arbitrators. These Terms of Service will be governed by the laws of the State of New York, without regard to its conflicts of laws provisions.
Indemnity The User agrees to defend, indemnify and hold harmless Smashrun and its parents, subsidiaries, partners, affiliates, service providers, licensors, officers, directors, employees and agents from and against any and all losses, liabilities, damages and costs, including, but not limited to, reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to:
- User's use or misuse of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website;
- User's violation of the Terms of Service;
- User's violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website;
- any claim or damage that may arise out of use or misuse of this Website or as a result of any uploaded material that is provided to Smashrun;
- any other party's access and use or misuse of Website with your username, password, or other applicable security code. Smashrun reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by the User, in which event the User will cooperate with Smashrun in asserting available defenses.
Disclaimer of Warranty and Limitation of Liability WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SITE OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
WE MAKE NO WARRANTY THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.