Runningstars.org General Terms of Use


1. Who is covered by these General Terms of Use

Runningstars.org, as named in this website’s imprint, (“Runningstars.org”, “We” or “Our”) want to provide Our customers, fans, and community (“You” or “Your”) with the best products, content, and services (“Content and Services”) via our webpages and apps (“Platforms”) and to continue to develop these Content and Services with You. This cooperation needs a clear set of ground rules in order to guide how we interact with each other and to define certain core values.

2. Scope of application

These General Terms of Use apply to Your use of any Content and Services which is available to You free of charge via Our Platforms. This includes any use of the Content and Services by You, whether You are visiting and browsing Our webpages or apps, signing up for events, newsletters or similar offers, downloading and streaming Content and Services, or registering and creating an account. If You like to register for and participate in the “#RunningCovid” You have to accept Runningstars.org’s special "Terms of Participation". You can do so by clicking the box (opt-in) during the “sign up” process with the respective host of the Runningstars.org group.

3. Your obligations as a user

Runningstars.org believes that successful collaboration and social interaction online requires good manners (“netiquette”) and rules of conduct. Our Content and Services are provided for Your personal use in accordance with the license granted to You herein. Our cooperation and provision to You of the Platforms and the Content and Services is conditional upon: (i) Your compliance with applicable laws; (ii) You not violating Our rights, or the rights of third parties; (iii) You using the Content and Services solely in a manner consistent with these General Terms of Use; and (iv) You not destroying, damaging or otherwise exploiting the Platforms or the Content and Services.

We also believe in the importance of mutual respect and consideration towards others. Therefore, when using Our Content and Services, You shall refrain from any form of hate speech, defamation or otherwise any activity which is likely to cast a negative light on Us or anyone else.

Further, You must ensure that any information You provide to Runningstars.org or otherwise post via Our Platforms is correct, complete and up to date at all times.

4. Terminating this cooperation

If We in Our sole discretion determine that things are not working between You and Runningstars.org, in particular, if You violate these General Terms of Use, We reserve the right to terminate this cooperation at any time.

5. Runningstars.org’s content and services

5.1 All rights to Content reserved by Runningstars.org

All Content and Services on Our Platforms, including content and services provided by you or any third parties, i.e., in particular, all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). As between You and Runningstars.org, all IPR in and to the Platforms and the Content and Services shall be the property of Runningstars.org. All rights are reserved by Runningstars.org. Where IPR has been licensed by Runningstars.org from a third party, such rights are reserved by Runningstars.org on behalf of the relevant third party. You are not permitted to reproduce, copy, post, republish, transmit, record, transfer or process any Platform or Content and Services whether in whole or in part without Our express written permission in advance, nor are You permitted to do or attempt anything that violates any IPR in the same. This also applies to the ideas and concepts on which the Platforms or Content and Services are based to the extent these are not protected at law.

5.2 Your license for use of Our Platforms and Our Content and Services

While We hold all rights to the Content and Services on Our Platforms, we want to enable You to easily access Our Platforms and Content and Services, so that You can explore everything We have to offer. We, therefore, grant You a limited, non-transferable license to use Our Content and Services for personal use only. This means that You can enjoy Content and Services as a private individual, whether at home or on the go. Your license does not, however, include the right to use Content and Services for any commercial or profit-making purposes or activities, nor does it allow You to reproduce, modify or otherwise exploit the Content and Services.

5.3 Third-Party Content

Our Platforms may utilize or incorporate digital content and/or services from third-party vendors (“Third Party Content”). You acknowledge and agree that Your right to use such Third Party Content may be subject to additional terms and conditions of the third party. If you do not agree to these additional conditions, you are not permitted to use the respective Third Party Content.

6. Special features

6.1 Favourites

Some of Our Platforms enable You to bookmark Your favorite Content and Services so that You can access it quickly and easily later on. You can also use this feature to keep up to date with new and upcoming Content and Services from Runningstars.org. This feature is an integral part of Our Platform development.

6.2 User Registration

Registration and Account: In order to access or use some features of the services, as e.g. the newsletter service you may have to become a registered User. In order to register, You must be aged 13 years or over. You may either register by filling in Runningstars.org’s Registration Form or if you have an account on a social media network like Facebook, Runningstars.org allows You to log in by using, for example, Facebook Connect (for further information, see Runningstars.org’s general Data Protection and Privacy Policy). You may only register if, you (a) have accepted Runningstars.org’s Terms; (b) have provided Runningstars.org with complete and accurate information for the registration; and (c) if registering by filling in Runningstars.org’s Registration Form, have received a registration confirmation from Runningstars.org via email (the "Account"). You may only register one Account at the Website. Certain Content or Services may be made accessible or non-accessible to certain Users, at Runningstars.org’s sole discretion.

Username and Password: By registering with Runningstars.org, You warrant that the information given for Your Account (together with any other information which You may from time to time provide to us, whether as part of the registration process or otherwise) is complete, true, accurate and not misleading in any way. You are responsible for notifying Runningstars.org of any changes to such information in order to ensure that it remains up-to-date. You are responsible for all activity that occurs on Your Account, whether impliedly or expressly authorized by You or not. You must immediately notify Runningstars.org of any unauthorized use on Your Account. You may be liable for losses incurred by Runningstars.org or any other User of or visitor to the Website due to someone else using Your Account. You must not use an Account belonging to someone else. Runningstars.org will not be liable for any loss or damage arising from Your failure to comply with these obligations.  Please note that information provided by You (Your name, gender, year of birth may be displayed on the Website (e.g. with Your feedback, comments or content).

6.3 Peer2Peer Service Providers

You should note that by using certain of Our Platforms and Content and Services, You are agreeing that Your internet and connectivity resources may potentially be used by Our P2P service provider ("P2P Provider"). Please be aware that though Our P2P Provider strives to limit such effect, the use by Our P2P Provider of Your resources may put a burden on Your internet connection and downloading speed, and may increase Your use under a limited internet connection package. The P2P Provider uses Your local resources to store Content and Services temporarily, upload Content and Services for access by other users, and to download Content and Services from other Platform users. This will involve temporarily exposing other users to Your IP address. This P2P service allows Platforms to achieve faster access to Content and Services via a simultaneous download of Content and Services by a significant number of users (for example in peak times of live events). You are able to opt-out of the P2P Provider network at the point when you first access each item of Content and Services.

7. User-Generated Content

7.1 What do we mean by “User-Generated Content”?

Our Platforms offer a variety of features, which enable You to engage with Runningstars.org and the wider community by posting Your own comments, news, texts, illustrations, data, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials and by liking, sharing and rating. Additionally, by uploading User Content to a social media platform such as Facebook or Instagram using a reference to Runningstars.org, You make the User Content available to Runningstars.org, providing that you make the content publicly available on social media. If Your content has a public attribute, Your User Content is accessible for all users and can be shared by users over the internet (eg to other third party websites). All content contributed by You using these functions is collectively referred to herein as “User-Generated Content” or “UGC”.

7.2 License to Your UGC for Runningstars.org purposes

We do not store any User Content uploaded by You on social media. You can always change Your settings within the relevant social media channel to make the UGC private. The UGC will then no longer be displayed on Runningstars.org. The only thing we store regarding Your UGC from the social media channel is the link to it. Your use of the third-party platform(s) (e.g. Facebook, Instagram) is subject to the terms and conditions located on such sites. Runningstars.org disclaims any liability should You fail to comply with the third party platform(s) terms and conditions.

By making available Your UGC to the Website via social media, you grant a Runningstars.org a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your UGC has been shared or embedded using the Services (“Share Services”), to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your UGC utilizing the Share Services of the Platform from time to time. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your UGC (for example, your username) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting Your UGC with which you have associated those Marks. However, notwithstanding the foregoing, You hereby acknowledge and agree that once Your UGC is distributed to a Share Service, Runningstars.org is not obligated to ensure the deletion of Your UGC from any servers or systems operated by the operators of any Share Service or to require that any user of the Website or any Share Service deletes any item of Your UGC.

7.3 Viewing and removing UGC

We have the right but not the obligation to monitor UGC. We have the right to modify, withhold, remove or block access to UGC at Our own discretion and for any reason whatsoever.

7.4 Your personal information and UGC

You grant Runningstars.org the right (but not the obligation) to use Your biographical information including, without limitation, Your name, image, voice, biography, likeness and geographic location in connection with broadcasting, printing, online or other use or publication of Your UGC in conformance with the license detailed herein.

7.5 General conditions for UGC

By contributing Your UGC to Our Platforms, You agree to comply with the following rules and You undertake, represent and warrant that Your UGC shall in no circumstance:
(i) cast a negative light on Runningstars.org or Our activities, businesses, products or brands. In particular, You are prohibited from using the following in connection with Your UGC: (a) illegal products, content, services or materials; (b) coverage of accidents, assaults, catastrophes or riots; and/or (d) competing for products (in particular beverages containing caffeine, taurine or guarana); (ii) be unlawful, threatening, racist, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic or otherwise objectionable, or violate any applicable law; (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) be an advertisement for goods or services or a solicitation of funds; (v) enable the identification of personal information including messages, phone numbers, social security numbers, account numbers, addresses or employer references; or (vii) contain any virus, trojan horse or other harmful code or script.
Moreover, any conduct that We believe, in our sole discretion, restricts or inhibits any other user from using or enjoying Our Platforms or Content and Services will not be permitted.

7.6 Guarantees and indemnification

In order to ensure that these General Terms of Use are complied with and to safeguard Our interactions, You provide the following guarantees and indemnification to Runningstars.org with respect to Your UGC:

You acknowledge and agree that You are solely responsible for the UGC You submit. You represent and warrant that You are the owner of all rights in and to Your UGC and that nothing in the UGC violates or infringes the rights of any third-party, including personality rights (in particular image rights), IPR (in particular trademarks, patents, and copyrights) or other legally protected property rights.

You further represent and warrant that You have obtained all the requisite rights, approvals, permissions and waivers required (e.g. from each participant, actor, moderator, contributor, or other persons involved) in connection with Your UGC and that You are authorized to exercise those rights in the scope and extent provided for herein.

You shall indemnify and keep Runningstars.org, its affiliates, directors, agents, licensees and assigns fully and effectively harmless against any and all actions, costs, demands, losses, expenses, and claims of whatsoever kind or nature arising from or in connection with (i) the upload of Your UGC and Our use of it for the purposes stipulated at the time of upload; and (ii) any breach or non-performance of any of the warranties, representations, and undertakings made by You hereunder.

8. Fundraiser project / direct donations to Runningstars.org

Fundraiser: Irrespective of whether You participate in the Runningstars.org campaign #runningcovid You may (individually or as a team) start Your own personal Runningstars.org fundraiser and raise donations among friends, colleagues, etc. for Runningstars.org. If you start your own personal fundraiser you can choose to publicly mention the individual contributors to your fundraiser on your runner’s page by name and amount donated (provided that the donor approves) and you shall publicly mention Runningstars.org when doing so.

Donations to Runningstars.org – non-profit organization: By clicking on the “Donate Now” button, you will be directed to a form that enables You to donate directly to Runningstars.org non-profit organization account registered either with PATREON transparent account or PAYPAL DONATE or directly to the bank account registered in the Slovak Republic, European Union (applicable terms and conditions at Terms and Conditions for Donations). When making such a donation You can opt to (a) dedicate Your donation to Your or someone else’s fundraiser on the respective runner’s page, and (b) in addition choose whether Your name and the amount of Your donation should be publicly accessible at that runner’s page. In order to do so, you will have to expressly consent for public display by ticking off the respective box when making Your donation. Your name and the amount of Your donation will only be accessible to the public if both, the person starting the fundraiser as well as the individual donor have expressly given their consent.

9. Liability

Runningstars.org, Our affiliates, employees, distributors, licensors, and representatives shall not be liable to You for Our exploitation of Content and Services including Your UGC, whether by contract, tort (including negligence) or other act or omission, regardless of whether such act or omission is direct, indirect, consequential or specific. The exclusions set forth in this section apply even if the loss or harm suffered by You was or should have been foreseen by Runningstars.org and/or You informed Runningstars.org of the risk.

Notwithstanding the foregoing, nothing in these General Terms of Use shall limit or exclude Our liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation or for any other liability which cannot be limited or excluded by applicable law, including those relating to Your statutory rights as a consumer.

10. Final words and rules

Each provision of these General Terms of Use applies separately and independently. If any provision of these General Terms of Use is or becomes invalid or unenforceable, whether in part or as a whole, the remaining provisions of these General Terms of Use shall remain unaffected. In such case, the affected provision will either be modified to the minimum extent necessary to render it valid or repealed and replaced with a valid provision that best gives effect to the purpose of these General Terms of Use thus enabling them to remain in full force and effect to the extent permitted by law.

These General Terms of Use shall be governed by and construed in accordance with Slovak Republic law. All disputes arising out of or in connection with these General Terms of Use, including any questions regarding their existence, validity or termination, shall be exclusively settled by the court responsible for commercial matters in Bratislava First District in accordance with the law in force in the Slovak Republic, without reference to its rules relating to conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded.

Communication: In order to keep You updated Runningstars.org may send You #RunningCovid updates and other communications via email (subject to your prior consent if legally required), push notifications on our apps, personalized notifications on our website, text, social media or telephone.

The original version of the General Terms of Use is English. Any translated version is for Your convenience and information only. In case of disputes, the English text shall prevail.

Version: April 2020