These Terms of Use shall apply to all websites owned and/or operated by New York City Runs, Inc. (NYCRUNS), including without limitation the website on which these Terms of Use are posted and NYCRUNS’ subsidiary and/or affiliate entities whether or not referred to directly as NYCRUNS or New York City Runs, Inc. NYCRUNS maintains this and other websites as a service to its customers. By accessing and/or using the web site or sites owned, operated and/or maintained by NYCRUNS (the “NYCRUNS Sites”), you are expressly agreeing to comply with and be bound by the following Terms of Use and NYCRUNS’s Privacy Policy separately provided, as well as all applicable laws and regulations. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE NYCRUNS SITES AND MUST NOT ACCESS OR USE THEM. NYCRUNS may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the NYCRUNS Sites indicates your agreement with any such changes.
You further understand and agree that any updates, enhancements or added features of any NYCRUNS Sites or services shall be made part of these Terms of Use.
Ownership. All content included on the NYCRUNS Sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of NYCRUNS or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the NYCRUNS Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NYCRUNS or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the NYCRUNS Sites, services, products or software, in whole or in part.
Permitted Use. The content and software on the NYCRUNS Sites may be used as an information, entertainment, registration, and/or shopping resource. In addition, NYCRUNS hereby authorizes you to view, copy, download, and print for personal use only any NYCRUNS-owned content on the NYCRUNS Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by NYCRUNS licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by NYCRUNS, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the NYCRUNS Sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the NYCRUNS Sites, the NYCRUNS logos or other design elements or software. Any use of the NYCRUNS Site content not described herein is strictly prohibited. You also shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in any NYCRUNS Site. You agree not to modify any software for an NYCRUNS Site in any manner or form, nor to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the NYCRUNS Sites. You agree not to access the NYCRUNS Sites by any means other than through the interface that is provided and authorized by NYCRUNS.
Copyright Complaints. NYCRUNS respects the intellectual property of others, and we ask our content partners and NYCRUNS members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the NYCRUNS Sites in a way that constitutes copyright infringement, you may notify NYCRUNS by providing NYCRUNS or its designated agent the following information:
NYCRUNS trademarks identify NYCRUNS products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to NYCRUNS. Other uses require written permission from NYCRUNS, and absent such express permission, you agree not to use or display the NYCRUNS trademarks in any manner.
NYCRUNS may provide interactive areas on its sites, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not NYCRUNS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the NYCRUNS sites. NYCRUNS does not control the Content posted via this feature and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the NYCRUNS Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NYCRUNS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the NYCRUNS Sites. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
NYCRUNS does not claim ownership of any Content submitted and/or posted by you on any NYCRUNS Site(s). However, by submitting and/or posting any Content to the NYCRUNS Sites, you grant NYCRUNS a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the NYCRUNS interactive areas and NYCRUNS Sites, you agree not to:
The foregoing actions shall constitute a material breach of these Terms of Use. NYCRUNS reserves the right to delete from the NYCRUNS Sites any Content, postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your registration and/or accounts with NYCRUNS. You acknowledge that NYCRUNS may or may not pre-screen Content, but that NYCRUNS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the NYCRUNS Sites. Without limiting the foregoing, NYCRUNS and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NYCRUNS or submitted to NYCRUNS, including without limitation information in message boards and in all other parts of the NYCRUNS sites.
You acknowledge, consent and agree that NYCRUNS may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of NYCRUNS, its users and the public.
You understand that the technical processing and transmission of the NYCRUNS Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the NYCRUNS Sites and software embodied within the NYCRUNS Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by NYCRUNS and/or content providers who provide content to the NYCRUNS Sites. You may not attempt to override or circumvent any of the usage rules embedded into the NYCRUNS Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the NYCRUNS Sites, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to NYCRUNS through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) NYCRUNS is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) NYCRUNS shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) NYCRUNS may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of NYCRUNS without any obligation of NYCRUNS to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from NYCRUNS under any circumstances.
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against NYCRUNS with respect to such sites.
In addition, you may order services or merchandise through the NYCRUNS Sites from other persons not affiliated with NYCRUNS (“Seller”). For example, you may choose to register for a sporting event and purchase event-related merchandise on the NYCRUNS Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. NYCRUNS makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider NYCRUNS, nor will NYCRUNS be construed as, a party to such transactions, whether or not NYCRUNS may have received some form of revenue or other remuneration in connection with the transaction. You agree that NYCRUNS will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
NYCRUNS and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. NYCRUNS makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither NYCRUNS nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from NYCRUNS such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the NYCRUNS Sites and services and that you may not be able to opt out of receiving such communications in every instance.
You are responsible for maintaining the confidentiality of your login ID and password (your “registration”). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify NYCRUNS of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to NYCRUNS, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NYCRUNS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. NYCRUNS has the right to immediately suspend or terminate your account and refuse any and all current or future use of the NYCRUNS Sites or related products and services (or any portion thereof). NYCRUNS makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, you also give your child permission to access many areas of the NYCRUNS Sites related to the registration, including email, message boards and other registration related information. Please remember that the NYCRUNS Sites and NYCRUNS services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the NYCRUNS Sites areas and/or content are appropriate for your child.
Through your use of the NYCRUNS Sites and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by NYCRUNS and its affiliates.
By registering for events and/or services through NYCRUNS and its sites, you hereby authorize NYCRUNS to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service and registration for your account. You hereby understand and agree that in most cases, NYCRUNS will be charging your designated credit card in accordance with the payment schedule of the event and/or service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify NYCRUNS of any changes to your credit card or if your credit card has expired. All fees shall be paid in U.S. dollars.
NYCRUNS reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which NYCRUNS does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after NYCRUNS posts such modification on the applicable NYCRUNS Site(s). NYCRUNS also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel any your Account or any associated optional or upgraded services therefore at any time, but NYCRUNS will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
YOU EXPRESSLY AGREE THAT USE OF NYCRUNS IS AT YOUR SOLE RISK. NYCRUNS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NYCRUNS AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE NYCRUNS SITES OR OTHERWISE PROVIDED BY NYCRUNS IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER NYCRUNS NOR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. NYCRUNS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED ON NYCRUNS’ SITE OR SITES CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON NYCRUNS.
NYCRUNS MAKES NO WARRANTY THAT THE NYCRUNS WEBSITE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NYCRUNS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE NYCRUNS SITES. NYCRUNS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NYCRUNS SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NYCRUNS, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 NYCRUNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE NYCRUNS SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NYCRUNS SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH NYCRUNS; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY NYCRUNS; (E) PERSONAL INJURY NOT CAUSED BY NYCRUNS’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NYCRUNS SITES; OR (H) ANY OTHER MATTER RELATING TO THE NYCRUNS SITES, OR NYCRUNS PRODUCTS OR SERVICES. YOU AGREE THAT NYCRUNS’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY NYCRUNS FROM YOU.
You agree to defend, indemnify and hold harmless NYCRUNS, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys’ fees), relating to or arising out of: your use of NYCRUNS’ services; the NYCRUNS Sites; any other websites accessed from or affiliated with the NYCRUNS Sites; any products purchased off of the NYCRUNS Sites or websites available from or related to the NYCRUNS Sites; the use by you of any training programs purchased through NYCRUNS; your violation of these Terms of Use; content you submit, post, transmit or otherwise make available through the NYCRUNS Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
NYCRUNS reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the NYCRUNS Sites and/or any other service provided to you by NYCRUNS upon; (a) any breach by you of these Terms of Use or upon your demonstration of conduct that NYCRUNS determines to be inappropriate; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the NYCRUNS Sites and/or NYCRUNS services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Where your account or registration with NYCRUNS is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by NYCRUNS as part of your use and registration of the NYCRUNS Sites. NYCRUNS shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to NYCRUNS for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by NYCRUNS in its sole discretion without any notice or liability to you. NYCRUNS shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the NYCRUNS Sites and/or NYCRUNS services.
10. Applicable Law; Consent to Jurisdiction
The NYCRUNS Sites (excluding linked sites) are controlled by NYCRUNS from its offices within the State of New York, United States of America. The NYCRUNS Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing the NYCRUNS Sites both you and NYCRUNS agree that the statutes and laws of the State of New York, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the NYCRUNS Sites.
You agree that exclusive jurisdiction for any dispute with NYCRUNS, or in any way relating to your membership or use of NYCRUNS, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any dispute including any claim involving NYCRUNS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
11. Miscellaneous
NYCRUNS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Use, the NYCRUNS Sites and/or NYCRUNS services (or any part thereof) with or without notice. NYCRUNS shall not be liable to you or to any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. NYCRUNS may assign its rights and obligations under these Terms of Use and upon such assignment NYCRUNS may be relieved of any further obligation hereunder.
You represent to NYCRUNS that you have the authority to register with NYCRUNS according to these Terms of Use. The failure of NYCRUNS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. NYCRUNS may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the NYCRUNS Sites. Except for certain NYCRUNS licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.
With your prior approval, NYCRUNS reserves the right to charge fees, surcharges and/or membership fees at any time.