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
3. Your obligations as a user
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
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
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
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.
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
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.
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.
10. Final words and rules
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.
Version: April 2020