TERMS OF SERVICE

Before using any of Smashrun's services, you are required to read, understand, and agree to these terms. The column on the right provides a quick summary for the terms of use and is not legally binding. You can also view our Privacy Policy which describes how we handle any personal information that you may provide to us.

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.

By using Smashrun, you agree to all of the terms. Don't use Smashrun if you don't agree with this document!

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.

Smashrun is for serious adults earning serious virtual badges with cartoon characters on them.

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
  • Dizziness

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.

We’re not doctors or professional medical people of any sort, but we do love to run! This website is fun, not meant to be taken as any kind of serious advice. Too many runners get hurt from running too much too soon. Please be careful.

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:

  1. the User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Smashrun to use all patents, trademarks, trade secrets, copyrights or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Use
  2. the User has the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Use.

By submitting the User Content to Us, You hereby grant Us a perpetual, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our operation of the Website and our (and our successors') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, including, but not limited to, social media networks, throughout the universe. The User also hereby grants each User of the website a non-exclusive license to access his or her User Content through the Website, if the User has permitted such access through his or her account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Use. Smashrun may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

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.

You own your content, but you give us permission to use it to promote Smashrun, which makes you awesome.

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.

Don't post anything inappropriate and you'll be just fine. And be honest. What's the point of tracking your data if it's not an accurate representation of all your hard-earned runs?

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.

We're not going to sell your email address to anyone. Ever. We hate spam too.

Third Party Websites Links to other websites found on Smashrun are provided to assist the User in locating certain information. Note that these links take you outside of the Smashrun website and beyond Smashrun's control. Such third party links may appear in sections including, but not limited to, Smashrun's "About" pages, the Smashrun blog, "Press" material, and sponsored badges. Smashrun has no responsibility for content of the websites found at these third party links, or beyond, and does not endorse or attest to the accuracy of the information contained therein. Your decision to enter any linked site is at your own risk. Be aware that third-party websites may have their own Privacy Policies that require compliance. Smashrun makes no warranties, either express or implied, concerning the content of such third-party websites, or any information, product or services located therein, including its accuracy, reliability or suitability thereof for any particular purpose. Also, Smashrun will not and cannot edit or remove the content of any third-party website. Accordingly, Smashrun advises that You take notice when You leave the Website and that You read the terms, conditions, and privacy policy of any third-party websites that You visit.

When you click any links that takes you outside of Smashrun, you do so at your own risk.

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:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. 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;
  5. 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
  6. 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:

Copyright Agent
c/o Smashrun
1562 1st Ave #205-3513
New York, NY 10028-4004
United States
copyright@smashrun.com

We respect copyright. If anything is wrong, please send an email with details to copyright@smashrun.com

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.

Smashrun services and features are subject to change without notice. Just remember that change is good.

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.

Any disputes on this agreement will be governed by NY law.

Severability If, at any time, any or all the provisions in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use, and the remaining provisions are still valid and enforceable.

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:

  1. User's use or misuse of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website;
  2. User's violation of the Terms of Service;
  3. User's violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website;
  4. 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;
  5. 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.

We are not liable if something goes really wrong while you're using Smashrun. You should always have a backup of your running data. It's good practice.

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.

Again. We're not liable. Although, between the three of us, we'll always do our very best to ensure that things run as smoothly as possible.

TERMS SPECIFICALLY RELATED TO OUR PREMIUM SERVICE

Below is an outline of the terms of use associated with Smashrun Pro. You may only upgrade an account after reading and accepting these terms.

Description of the Premium Subscription If You have elected to purchase a premium subscription to Smashrun PRO, for your membership fee, Smashrun hereby grants You a license to use the following features and services solely for your personal, non-commercial use, subject to this Agreement and the Smashrun Terms of Service: PRO map, Pacing Variability metrics, Elevation Profile, Smashrun Training Bands, the Smashrun Performance Index (SPI), and all additional features listed on the Smashrun PRO FAQ section (together, “Smashrun PRO”).

You can subscribe to Smashrun Pro and get access to all the awesome features described in the pro page.

Smashrun Pro Memberships and Gift Subscriptions You may choose to pay a one-time subscription fee for a 4-month or a 1-year Membership Subscription to Smashrun Pro at the amount You selected on the Upgrade page. You permit Smashrun to charge this one-time fee to your credit card.

Smashrun will not auto-renew any Memberships or Gift Subscriptions.

When you upgrade to Smashrun Pro or give it as a gift, you're only charged once. There's no auto-renew, no strings attached.

Payments, fees, and renewals You may elect to renew your Membership by paying another one-time subscription fee for a 4-month or a 1-year subscription at the amount You selected on the Upgrade page. You permit Smashrun to charge this fee to your credit card.

We use a third party credit card payment processor to process all payments. Membership fees will not be billed automatically at the end of your 4-month or 1-year subscription. The renewal membership fees will be the same as the initial charges unless You are otherwise notified in advance. Members changing from a 4-month to a 1-year Founding Membership may be subject to a new billing date effective upon the date You elect such a change in your membership subscription.

Smashrun reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on smashrun.com/tos or via email.

Only you can renew your Smashrun Pro membership, and membership fees will remain the same unless you change subscription types.

Cancellations. Cancellation of your membership can be done from your Settings page within Smashrun. If You choose to cancel, your cancellation will take effect at the end of your current billing cycle, and You will have the same level of access to Smashrun PRO through the remainder of such billing cycle. If your credit card is invalid for any reason, charged back, or if Smashrun does not receive payment, we may cancel your Smashrun Pro member benefits immediately.

You can cancel your Pro account at any time or, we may cancel it for you if your account is not paid.

Refund Policy and Termination. Smashrun reserves the right to terminate any Premium Subscription or Lifelong Runner Plan without refund in the event that a User violates this Agreement or the Smashrun Terms of Service. You may cancel a Premium Subscription within 7 days of joining or renewal and be eligible, upon request, for a full refund. Lifelong Runner Plans, however, are non-refundable.

Smashrun Elected Termination. There is no current plan or anticipated reason for Smashrun to ever terminate its service in the future but, in the event that Smashrun is unable to continue service, the amount of any refund issued will be decided at the sole discretion of Smashrun.

Termination of your Premium Subscription or Lifelong Runner Plan and the refund rights above are your sole remedies under this Agreement.

If you cancel your Pro account within 7 days of joining or renewal, we'll give you a full refund.

Representation, Warranties, and Covenants. You represent, warrant, and covenant that (i) the membership and credit card information you provide is true, correct, and complete (ii) You will pay any charges, including any applicable taxes, in connection with Smashrun PRO (iii) You will update your membership and credit card details as required (iv) You will not transfer your password or membership to anyone else and (v) You will report to us any unauthorized or prohibitive use of your membership.

Make sure that your payment details are always up-to-date and don't share your Smashrun Pro account with others.

Amendment. You agree that Smashrun reserves the right to amend the Premium Subscription and Lifelong Runner Plan terms at any time and for any reason. Any changes may be posted to smashrun.com/tos or sent to You via email.

If these terms of use change, we will notify you.

Miscellaneous Disclaimer.

"Coucou Icons" used on the pro page is by Anny Chen and Julien Rousseau and is licensed under CC BY 3.0 / Color overlay changed from the original

"OpenWeatherMap" used on the By Run pages, where applicable, is licensed under CC BY-SA 2.0