Highlights of Terms

16 Pages·2016·0.17 MB·English

Effective February 26, 2014
Highlights of Terms
Endomondo offers services that help you to make your sport experience more fun; however:
 When using our Services you are still responsible for any risks associated with your athletic or recre-
ational activities
 Endomondo makes no warranties and is not liable for your use of the Services
 Always put personal safety first, follow applicable traffic regulations and do not operate your mobile
device when in motion or in potential unsafe areas
 We take care of the personal information you upload and share per default on the Endomondo com-
munity. Please see our privacy policy
 We may terminate your account if the terms are violated
 The service is not intended for children under 13
 Contact our support team for help or questions
PLEASE READ THE FULL TERMS CAREFULLY BEFORE USING THE ENDOMONDO SERVICES AS THEY ARE A LEGAL
DOCUMENT WHICH GOVERNS YOUR RIGHTS AND RESPONSIBILITIES.
BY USING THE SERVICES, YOU AGREE TO THE TERMS AND ALL REVISIONS THEREOF. IF YOU DO NOT AGREE –
DO NOT USE THE SERVICES
These terms and conditions ("Terms"), including terms set forth in the privacy policy ("Privacy Policy"), apply
for the use of all services ("Services") rendered by Endomondo, its subsidiaries and affiliates via the website
www.endomondo.com ("Site"), all associated sites, distribution channels and via the necessary software ap-
plications ("Software") used in connection with the Services to the Users ("User" or "you") of the Services.
These Terms may be revised from time to time. At any time, the then-current version of the Terms can be
found on the Site (www.endomondo.com/terms).
Index
Highlights of Terms ............................................................................................................................................ 1
The Endomondo Services .................................................................................................................................. 4
Age Restrictions ............................................................................................................................................. 4
Disclaimer of Warranties and Liability ............................................................................................................... 4
Personal Safety Notice................................................................................................................................... 4
No Medical advice on physical activity .......................................................................................................... 5
Amateur athlete eligibility ............................................................................................................................. 5
Limitation of liability ...................................................................................................................................... 5
Indemnity ...................................................................................................................................................... 5
Intellectual Property Rights – Use Restrictions ................................................................................................. 5
User Conduct and User Generated Content ...................................................................................................... 6
User Interaction Disclaimer ........................................................................................................................... 7
Third Party Service Providers and Advertisers .................................................................................................. 7
Links ................................................................................................................................................................... 7
Termination ....................................................................................................................................................... 8
Endomondo Premium ....................................................................................................................................... 8
Sign-up ........................................................................................................................................................... 8
Waiver of right of withdrawal ....................................................................................................................... 8
Monthly Subscription .................................................................................................................................... 8
Yearly Subscription ........................................................................................................................................ 8
Payment for Endomondo Premium ............................................................................................................... 8
Termination notice ........................................................................................................................................ 9
Discount and coupon codes .......................................................................................................................... 9
Gift codes ....................................................................................................................................................... 9
Refunds .......................................................................................................................................................... 9
Severability and Perseverance ........................................................................................................................ 10
Miscellaneous .................................................................................................................................................. 10
Applicable Law ................................................................................................................................................. 10
Contact and Notices ........................................................................................................................................ 10
Privacy Policy ................................................................................................................................................... 11
We Respect Your Privacy ................................................................................................................................. 11
Collecting Personal Information ...................................................................................................................... 11
Sharing Personal Information and User Generated Content .......................................................................... 11
Transfer of personal information is subject to your consent ...................................................................... 13
Transfer of de-identifiable personal information ........................................................................................ 13
Business transfer ......................................................................................................................................... 13
Newsletter ................................................................................................................................................... 13
Email and mobile notifications .................................................................................................................... 14
Endomondo Employee Fitness ........................................................................................................................ 14
Children ........................................................................................................................................................... 14
Links to third parties ........................................................................................................................................ 14
Automatically connected data ........................................................................................................................ 14
Cookies ............................................................................................................................................................ 14
Data Protection and Datacontroller ................................................................................................................ 14
Contact Us ....................................................................................................................................................... 15
Privacy Policy Changes..................................................................................................................................... 15
Cookies ............................................................................................................................................................ 16
Third party cookies ...................................................................................................................................... 16
Turning off cookies ...................................................................................................................................... 16
The Endomondo Services
Endomondo ApS is a limited company, incorporated under Danish law with the Danish Commerce and Com-
panies Agency, company registration number (cvr.no) 31 05 57 76, having its registered address at Kanon-
baadsvej 12 B, DK-1437 Copenhagen K, Denmark ("Endomondo" or "we").
Endomondo offers Services that help you to make your sport experience more fun. Services are rendered to
and accessed by you via the Internet or other data transmission facilities or carriers by use of an applicable
device (computer, mobile phone etc.) ("Device") of your own choice. Your carrier's normal rates and fees
apply.
Age Restrictions
The Services are intended solely for Users who are thirteen (13) years of age or older and it is a violation of
the Terms for anyone under 13 to register for the Platform. Thus, you represent and warrant that you are
13 or older. If you are 13 or older, but under the age of 18, you must review the Terms with you parent(s)
or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent
to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child, agrees and accepts
full responsibility for his or her child's use of the Services, including all financial charges and legal liability
that such child may incur.
Disclaimer of Warranties and Liability
All Services provided "AS IS"
The Services are provided "AS IS" without any express or implied warranties of any kind. Endomondo dis-
claims all warranties to the fullest extent permitted by law, whether express or implied, including, but not
limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. Endo-
mondo cannot guarantee that use of the Services will be timely, uninterrupted, secure or error-free, that
any defects, errors or malfunctions will be corrected, that the Services or that this Platform or the server
that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permit-
ted by law, Endomondo undertakes no warranties or representations as to the use of the Services in terms
of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise. Endomondo is not liable
for any communications between Endomondo and you. You bear the responsibility and cost of your choice
of data transmission facilities. However, your carrier's normal rates and fees apply.
Personal Safety Notice
You understand and agree that all your athletic and / or recreational activities using the Services may have
inherent, implicit and / or expressed risks of bodily injury or death and / or property damage.
You understand and agree that you voluntarily and at your own free will assume all known and unknown
risks associated with such athletic or recreational activities even if such risks may be claimed to be caused in
whole or part by actions, inactions or negligence of Endomondo or others.
You understand and agree that Endomondo will not carry out and is not responsible for any physical inspec-
tion, supervision, preparation, execution or conduct of any activities related to the Services, including but
not limited to featured, official or User created challenges, routes, friendly competitions or similar, any single
or group training activities or any event that utilizes Endomondo's Services; Irrespective of any information
or Content related to the Services, Endomondo encourages you to always put safety first, follow applicable
traffic regulations, do not change settings on your Device and / or the Software while in motion or in unsafe
areas and always be due diligent when exercising.
You understand and agree that you download or otherwise obtain the Services at your own risk, and will be
solely responsible for your use and any damage to your mobile Device, computer system or other device by
which you access the Services, loss of data or other harm of any kind that may occur as a result thereof.
No Medical advice on physical activity
Endomondo's Services may include features that promote physical activity. However, you understand and
agree that Endomondo do not provide medical advice through the Services. You need to consider the risks
involved and may need to consult with your medical professional before engaging in any physical activity.
Endomondo is not responsible or liable for any injuries or damages you may sustain that result from your
use of, or inability to use, the Services, delay or negligence in seeking medical advice from your medical
professional.
Amateur athlete eligibility
Endomondo assumes no responsibility or liability for your use of the Services resulting in your ineligibility as
an amateur athlete. Check with your amateur athletic association for the rules that apply to you.
Limitation of liability
To the fullest extent permitted by law, Endomondo, its subsidiaries, affiliates, officers, agents, representa-
tives, employees, partners and licensors ("Released Parties") shall not be liable for any direct, special, inci-
dental, indirect or consequential damages, including but not limited to any lost profits, business interrup-
tions or lost data, that result from the use of, or the inability to use, the Services, including any User Gener-
ated Content, even if Endomondo has been advised of the possibility of such damages. That said if Endo-
mondo is found to be liable to you for any damage or loss which is in any way connected with your use of
the Services or any content, Endomondo's liability shall not exceed the subscription fees paid by you for the
Use of the Services or DKK 1 000 whichever is the higher. You expressly agree and promise not to sue the
Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Ser-
vices.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you in its entirety. However, you agree the provisions
of liability will be limited to the extent permitted by law.
If links are established to a third-party website, Endomondo is not liable for the contents of such third-party
websites. This includes links to partner's website that may use Endomondo's logos as part of a co-branding
agreement.
Indemnity
You agree to indemnify, defend, and hold harmless the Released Parties from and against all claims, losses,
liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating
in any way to your User Generated Content, your use of the Services and / or Content and your conduct in
connection with the Services or with other Users of the Services, or any violation of these Terms, any law or
the rights of any third party.
Intellectual Property Rights – Use Restrictions
All Intellectual Property to Content as defined below (except from User Generated Content) featured or dis-
played on the Site or via the Services, is the property of Endomondo, its subsidiaries or Endomondo's business
partners and is protected under Danish and other copyright laws, patent and trademark laws and other leg-
islation. "Content" includes but is not limited to logos, trademarks, design, structure, text, graphics, photo-
graphs, images, videos, audio, sound, illustrations, interfaces, Software data etc. incorporated into, accom-
panying or generated by the Software. Endomondo, its subsidiaries and its respective partners reserves all
rights to Content not expressly granted under these Terms. The Endomondo name, the Endomondo logo and
avatar and other Endomondo logos and product and names related to the Services are the exclusive trade-
marks of, and are owned by, Endomondo and may not be used or displayed in any manner without the prior
written permission from Endomondo.
If you download Software, including any other Content, from the Site, associated sites and/or distribution
channels, the Software is licensed to you by Endomondo. Endomondo does not transfer title to the Software
to you. THE LICENSE TO USE THE SOFTWARE AND SERVICES IS LIMITED, PERSONALLY, NON-EXCLUSIVE, NON-
TRANSFERABLE AND FOR NON-COMMERCIAL USE ONLY.
NO COMMERCIAL USE. ANY COMMERCIAL USE (E.G. ADVERTISING, SOLICITATION AND OTHER COMMERCIAL
CONTENT) IS SUBJECT TO PRIOR WRITTEN AGREEMENT WITH ENDOMONDO. However, Endomondo accepts
that non-profit public sports clubs may in connection with non-commercial, public sport events use the Ser-
vices; provided full reference is made to Endomondo and/or its business partners.
You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code,
remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right
to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You
agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may
result in civil and criminal sanctions.
User Conduct and User Generated Content
To use all the Services available, you must create an Endomondo account either by direct sign up via the Site
or by usage of another sign up feature made available by Endomondo via the Services. Any signup is subject
to you providing the true, accurate and complete personal information ("User Data") as prompted by the
relevant sign up feature. You undertake to keep your User Data accurate and current and thus without undue
delay update your User Data when relevant.
You are responsible for any actions that take place while using your Endomondo account. Keep your
username and password secure and do not allow anyone else to use them to access the Services. Endomondo
is not responsible for any loss that results from unauthorized use of your username and password, with or
without your knowledge.
Any content that you and other Users post or otherwise make available on or through the Services, except
such Content owned by Endomondo, its subsidiaries business partners, shall be deemed "User Generated
Content", including communications (comments, pep talks etc.), materials, information, data, profiles, mes-
sages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds, and any
other content.
All User Generated Content submitted by you on the Site or via the Services will be considered non-confiden-
tial and non-exclusive. You grant to Endomondo a non-exclusive, non-revocable, worldwide, transferable,
royalty-free, perpetual right to use your User Generated Content in any manner or media now or later de-
veloped, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, re-
produce, modify, create derivative works, sublicense, distribute, assign and commercialize without any pay-
ment due to you. Provided, however, that such use shall be conducted with due respect to your privacy as
described in the Privacy Policy.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does
not portray Endomondo, its trademarks or any of its marks, products or services in a false, misleading, de-
rogatory or otherwise defamatory manner, and provided further that the linking site does not contain any
pornographic, illegal, offensive, harassing or otherwise objectionable material.
You agree not to use the Services to post or transmit any material which is or may be infringing on intellectual
property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of
privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any
material that could constitute or encourage conduct that would be considered a criminal offence, violate the
rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of
your local jurisdiction.
User Interaction Disclaimer
You are solely responsible for your interactions with other Users, whether online or in person, including but
not limited to comments, challenges, routes, pep talks, friendly competition etc. Endomondo assumes no
responsibility or liability for any loss or damage resulting from any interaction with other Users of the Ser-
vices, persons you meet through the Services, or persons who find you because of User Generated Content
posted on, by or through the Services. You agree to take reasonable precautions in all interactions with
other Users on the Platform, and conduct any necessary investigation before meeting another person. En-
domondo is under no obligation to become involved in any disputes between Users, but may do so at its
own discretion. If Endomondo chooses to monitor any User Generated Content, it assumes no responsibil-
ity for, or any obligation to monitor or remove, such User Generated Content.
Endomondo do not monitor or prescreen User Generated Content prior to posting. Endomondo do not un-
dertake any obligation or liability relating to any User Generated Content or activities of Users on the Ser-
vices.
Endomondo reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or
terminate your account for any reason.
You acknowledge, consent and agree that Endomondo may access, preserve and disclose your User Data,
and other of your User Generated Content if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond
to claims that any Content or User Generated Content violates the rights of third parties or protect the rights,
property or personal safety of Endomondo, its Users and the public.
Third Party Service Providers and Advertisers
Endomondo may choose at any time to have its business partners' and other third parties' products, services,
advertisements and other offers made available via the Services. Any such offerings made available to you,
even if co-branded with Endomondo, are made and offered directly by the applicable third party service
provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any
such products or services offered you are contracting directly with the applicable business partner or third
party service provider or advertiser. Your correspondence or business dealings with, or participation in pro-
motions of, third party service providers or advertisers found on or through the Site, including payment and
delivery of related goods or services, and any other terms, conditions, warranties or representations associ-
ated with such dealings, are solely between you and such third party service provider or advertiser. Endo-
mondo shall not be responsible or liable for the performance or nonperformance of any third party service
provider or advertiser and any loss or damages of any kind resulting thereof.
Links
Endomondo, Users in User Generated Content, third party service providers and advertisers may provide
links to other Internet sites and / or other resources. Since Endomondo has no control over such sites and
resources, you acknowledge and agree that Endomondo shall not be responsible nor liable for the availability,
content, advertising, products, services or other materials on or available from such sites or resources. When
we do link to a third-party website, this does not automatically imply that Endomondo endorses that website,
its contents or products. Please note that these third-party websites may have their own privacy policy.
Termination
Endomondo reserves the right to change, discontinue and / or terminate any and all Services at any time
without notice.
Endomondo may at any time, at its own discretion for any or no reason, and without any warning or notice,
edit or remove in whole or in part any Users account and User Generated Content and further to restrict
Users use of all or any part of the Services. Endomondo also reserves the right to block Users from certain IP
addresses or Device numbers and prevent access to the Services. You understand and agree that some of
your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the
Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on
other platforms even after your User Generated Content is removed or your account is terminated.
Endomondo Premium
Endomondo Premium is a set of premium services provided to the Users (formerly known as Athletes
Lounge).
Sign-up
By signing up to Endomondo Premium, you agree to the Terms, including the supplementary terms and con-
ditions in this Chapter (Endomondo Premium). Furthermore your sign up and continuous subscription is con-
tingent on you providing Endomondo adequate and correct payment information and pay due subscription
fees and any other incurred charges.
Waiver of right of withdrawal
In order for Endomondo to ensure your immediate access to all the services of Premium, you agree and ac-
cept that by ordering Premium, you waive your right to a 14 days right of withdrawal.
Monthly Subscription
Your subscription will continue until you terminate it and is subject to a prepaid monthly subscription fee.
Yearly Subscription
Your subscription will continue until you terminate it and is subject to a prepaid yearly subscription fee.
Payment for Endomondo Premium
All fees are paid in advance in accordance with the subscription of your choice, and are drawn from the
payment option you submit to Endomondo upon sign up to Endomondo Premium. Payments will continue
to be made until you terminate your subscription.
Payment will be made by a valid credit card accepted by Endomondo via PayPal or via the Apple App Store
or Google Play. Hence, you authorize us to charge your chosen payment option for your subscription fee until
your terminate your subscription. Should your payment option fail, we will make reasonable efforts to re-
solve the issue, and notify you of the failure. However, if the issue is not resolved, we will disable your Pre-
mium subscription until payment is received. All amounts paid for the Endomondo Premium service, includ-
ing prepayments, are non-refundable.
The renewal subscription fees will be the same as the initial fee unless you are otherwise notified in advance.
Endomondo reserves the right to increase subscription fees or to institute new fees at any time upon rea-
sonable notice posted in advance on this Site.
Termination notice
If you signed up to Endomondo Premium from the Endomondo website, termination is done via your per-
sonal 'Settings' page on the Site by choosing 'Cancel subscription' under the 'Subscription' menu. Endo-
mondo Premium subscriptions made at the Endomondo website are registered and processed in Coordi-
nated Universal Time (UTC).
If you signed up to Endomondo Premium from the Apple App Store, termination is done from App Store by
following the instructions here.
If you signed up to Endomondo Premium from Google Play, termination is done from Google Play by following
the instructions here.
You may terminate your subscription to Endomondo Premium at any time and your access to Premium fea-
tures will then continue until the end of your billing cycle. Once you have made your cancellation, and re-
ceived a confirmation, no further charges will be made.
Discount and coupon codes
If you have received a discount or coupon code to Endomondo Premium, the following terms and condi-
tions apply in addition to the terms and conditions of a specific discount or coupon code: To redeem a dis-
count or coupon code: Log in to Endomondo.com, visit www.endomondo.com/premium, choose a plan,
click UPGRADE and insert the coupon code in the purchasing process. All discounts and coupon codes can
only be applied when subscribing to Endomondo Premium and they can only be applied to accounts that
are not already subscribing to Endomondo Premium. Discounts and coupon codes cannot be combined
with any other cash-off price, sales, promotion or coupon. Discounts and coupons cannot be exchanged,
refunded, replaced or redeemed for cash or payment of accounts. A payment method is required to re-
deem a discount or coupon code. It is the user's own responsibility to use a discount or coupon code before
it expires, and expired discounts and coupon codes cannot be refunded or extended. It is also the user's
responsibility to terminate the subscription before the end of a free or discounted period if the user does
not want to continue with a subscription at the regular price. The terms and conditions of a specific Coupon
may set out restrictions on the use of the coupon including but not limited to: the type of plan, duration of
free or discounted subscription, coupon validity dates, and/or purchase quantities. Endomondo reserves
the right to cancel discounts and coupon promotions at any time.
Gift codes
If you have received a gift code to Endomondo Premium, the following terms and conditions apply in addi-
tion to the terms and conditions of a specific gift code: To redeem a gift code: Log in to Endomondo.com,
visit www.endomondo.com/redeem, insert the gift code and click Redeem. Gift codes cannot be combined
with any other cash-off price, sales, promotion or coupon. Gift codes cannot be exchanged, refunded, re-
placed or redeemed for cash or payment of accounts. It is the user's own responsibility to use a gift code
before it expires, and expired gift codes cannot be refunded or extended. At the end of the free subscrip-
tion period, the user may receive a notice from Endomondo about the expiration of the free period and
suggestion to continue having access to Premium features by signing up for a paid subscription. The terms
and conditions of a specific gift code may set out restrictions on the use of the gift code including but not
limited to: the type of plan, duration of free or discounted subscription, gift code validity dates, and/or pur-
chase quantities. Endomondo reserves the right to cancel gift code promotions at any time.
Refunds
No refunds are made upon termination.
IT IS YOUR RESPONSIBILITY TO TERMINATE YOUR SUBSCRIBTION IN DUE TIME, SHOULD YOU NO LONGER
WISH TO SUBSCRIBE. THIS APPLIES IRRESPECTIVE OF YOUR USE OF THE SERVICES.
Severability and Perseverance
Should any provision of the Terms be held invalid, unlawful, void or unenforceable, the remainder of the
Terms shall continue to be valid and enforceable. Some jurisdictions do not permit limitations or exclusions
on warranties, so the above limitations may not apply to you.
Any provisions of the Terms which by their nature shall survive any termination of use of the Services, irre-
spective of the cause, including but not restricted to Privacy Policy, Disclaimer of Warranties and Liability,
Intellectual Property Rights, Miscellaneous, Severability and Perseverance, Miscellaneous and Applicable law
shall survive any termination.
Miscellaneous
Endomondo only may assign its rights and obligations under these Terms to any party at any time without
notice to you.
Endomondo may use subcontractors to perform the Services. Such subcontracting parties shall comply with
the applicable provisions of the Terms.
The use of the Services shall not construe any joint venture, partnership, employment or agency relationship
exists between you and Endomondo.
Endomondo is entitled to revise these Terms at any time. Endomondo will inform you hereof by mail, on the
Site, via the Services and / or by other means deemed appropriate and adequate by Endomondo.
Endomondo's failure to insist upon or enforce strict performance of any of these Terms shall not be consid-
ered a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
Applicable Law
Services are rendered to you under and in accordance with Danish law. Any dispute between you and Endo-
mondo is governed in all respects by Danish law, without regard to its choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods (CISG).
You agree that any notice, agreement or other disclosed communication that Endomondo sends you elec-
tronically will satisfy any legal communication requirements, including that such communications be in writ-
ing.
Contact and Notices
All notifications, questions and comments to Endomondo relating to these Terms can be submitted via e-
mail to [email protected].