Under Armour!

938 Pages·2017·4.57 MB·English

2016 Terms and Conditions of Use
These Terms and Conditions of Use were posted on January 20, 2016 and are effective for all new users of Under
Armour Services as of the dates outlined below.
For new and existing users of Under Armour Record and offline/in Store activities, this policy goes into
effect on January 22, 2016.
This policy goes into effect for new and existing users of MapMyFitness on February 29, 2016 and
MyFitnessPal on March 21, 2016.
For new users of Endomondo this policy goes into effect March 8, 2016, existing users the policy goes
into effect on April 7, 2016.
This policy goes into effect for Under Armour Shopping US and Europe on June 1, 2016, and Canada on
August 1, 2016.
For users from Indonesia, Malaysia, Philippines, Singapore and Thailand, please click here for your
language options and country-specific websites.
Residents living in Malaysia, please click here to access the Bahasa Melayu version of the
Privacy Policy.
Residents living in Philippines, please click here to access the Filipino version of the Privacy
Policy in English.
Residents living in Singapore, please click here to access the Singaporean version of the Privacy
Policy in English.
Residents living in Thailand, please click here to access the Thai version of the Privacy Policy in
English.
Residents living in Indonesia, please click here to access the Bahasa Indonesia version of the
Privacy Policy.
Our distributors in Indonesia, Malaysia, Philippines, Singapore and Thailand operate separate
websites (www.underarmour.co.id, www.underarmour.com.my, www.underarmour.com.ph,
www.underarmour.com.sg, and www.underarmour.co.th, hereinafter called the “Distributor
Websites”) selling a similar but slightly different range of Under Armour products where our
said distributors deal directly with users from Indonesia, Malaysia, Philippines, Singapore and
Thailand, respectively. Apart from the Distributor Websites, these distributors are not part of
nor bound by your dealings with Under Armour Inc. on this website. Please click here to read
more about the Privacy Policy of our Distributor Websites.
For users from Turkey, our distributor in Turkey operates a separate website
1/938
http://www.underarmour.com.tr. Read More
DOĞUŞ PERAKENDE (Doğuş Perakende Satış Giyim ve Aksesuar Tic. A.Ş.) is our distributor that
operates http://www.underarmour.com.tr. For more information on the companies and
affiliates within the DOĞUŞ GROUP, please visit https://www.dogusgrubu.com.tr/tr/dogus-
perakende-grubu. Please click here to read more about the Privacy Policy of our Distributor
Website.
(EN-US) Terms and Conditions of Use
Last Revised: January 20, 2016
Welcome to Under Armour. We are passionate about creating innovative products and services to empower
athletes everywhere, and we are thrilled to have you on our team. These Terms and Conditions of Use are the
rules of the game – designed to create a positive, law-abiding community of our athletes. By using Under
Armourʼs products and services, you are agreeing to all the terms below.
Under Armour, Inc. and its affiliates and subsidiaries, including MapMyFitness, Inc. (“MapMyFitness”),
MyFitnessPal, Inc. (“MyFitnessPal”) and Endomondo ApS (“Endomondo”) (collectively referred to throughout as
“Under Armour,” “we” or “us”), offer a variety of products and services, including the Under Armour-branded
fitness and wellness related websites, applications, devices, hardware, content and other technology products and
services; our e-commerce websites and applications (“Under Armour Shopping”); and all other current and
future digital products and service offerings we make available, including any products and services provided in
collaboration with our partners (collectively, the “Services”). We are driven to create Services that enhance the
lives and performance of all athletes everywhere, and thatʼs why we refer to online and offline community
members as “athletes.”
These Terms and Conditions of Use (“Terms”) govern your access to and use of our Services. Please read the
Terms carefully before using our Services, as they are a legally binding contract between you and Under
Armour. Note that we have included several summaries at the top of each section – these summaries are not a
part of the contract itself, but are intended to emphasize key sections and help you follow the text.
Your access and use of the Services (regardless of whether you create an account with us), constitutes your
agreement to these Terms and our Privacy Policy, which is incorporated into the Terms. Stated alternatively, if
you disagree with any part of the Terms, then you are not permitted to use our Services. Further, by
accessing and using our Services, you understand and agree that your Personal Data (as that term is defined in
our Privacy Policy) and User-Generated Content (defined below) that is shared with a Service may also be shared
among the entirety of Under Armour and its other Services.
2/938
Please feel free to contact us through our Support Team if you have any questions or suggestions.
1. Use of the Services and Your Account
(a) Who can use the Under Armour Services
Under Armour supports and encourages athletes of all ages, but you must be at least 13 to use most of the
Services, and at least 18 to use Under Armour Shopping and MyFitnessPal.
You must be at least eighteen (18) years of age to use MyFitnessPal, eighteen (18) years of age to use Under
Armour Shopping (unless otherwise specified in separate policies applicable to certain specific jurisdictions) and
at least thirteen (13) years of age to use the other Services. If you are between the ages of 13-18, you may use
the Services (excluding Under Armour Shopping and MyFitnessPal) only with the supervision and consent of a
parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to Under
Armour, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or
email address).
(b) Your Account
You may need to create an Under Armour account to access the Services, and it's important that the information
associated with your account is accurate and up-to-date (particularly your email address – if you ever forget your
password, a working email address is often the only way for us to verify your identity and help you log back in).
You may need to register for an Under Armour account in order to access or use certain Services. Your account
may automatically provide you access and means to use new Services that we create.
When you create an account for any of our Services, you must provide us with accurate and complete information
as prompted by the account creation and registration process, and keep that information up to date. Otherwise,
some of our Services may not operate correctly, and we may not be able to contact you with important notices.
If you create an account, you are responsible for maintaining the confidentiality of any and all actions that take
place while using your account, and you must notify our Support Team right away of any actual or suspected loss,
theft, or unauthorized use of your account or account password. We are not responsible for any loss that results
from unauthorized use of your username and password, with or without your knowledge.
If you forget your password and have an existing Under Armour account, click on the “Sign In” or “Log In” link at
the top of the page. You will be taken to the Sign In page, where you can select “Forgot Password” to create a new
password.
If you are a resident of the European Union: You have the right to delete your account with us by contacting
3/938
our Support Team. If you choose to permanently delete your account, the non-public Personal Data that we have
associated with your account will also be deleted.
(c) Service Updates, Changes and Limitations
Our Services are constantly evolving to be more useful for our athletes and community. With new products,
services, and features launching all the time, we need the flexibility to make changes, impose limits, and
occasionally suspend or terminate certain offerings. We may also update our Services, which might not work
properly if you donʼt install the updates.
The Services change frequently, and their form and functionality may change without prior notice to you. We may
also impose limits on certain Services or restrict your access to part or all of the Services without notice or
liability.
We may also from time to time, as we see fit, develop and provide updates for certain Services. This may include
upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively,
“Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. These
Updates may include updated versions of our applications, which may automatically electronically upgrade the
versions used on your device, as well as updates to wearables and other connected products. You expressly
consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the
same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to
continue to provide or enable any particular features or functionality of any Service.
(d) Service Monitoring and Suspension
We reserve the right to refuse service to anyone, and can monitor, terminate or suspend our Services or your
account at any time.
We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any
product, feature, database, or Content. We may also deactivate, terminate or suspend your account at any time:
(1) if we, in our sole discretion, determine that you are or have been in violation of these Terms or the spirit
thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine that you have
created risk or possible legal exposure for Under Armour or any other Athlete, (3) in response to requests by law
enforcement or other government agencies, (4) upon discontinuance or material modification of any Services, or
(5) due to unexpected technical issues or problems. We will endeavor to notify you by email or at the next time
you attempt to access your account after any such deactivation, termination or suspension.
We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in
4/938
any way related to the Services (including inviting a fellow athlete into a network of friends), as well as any
athleteʼs use of or access to Location Data (as that term is defined in our Privacy Policy), Personal Data, and
profiles of other athletes.
(e) Security
Please let us know right away if you believe your account has been hacked or compromised.
We care about the security of our athletes. While we work hard to protect the security of your Personal Data,
User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to
defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach or
unauthorized access or use of your account.
(f) Consent to Receive Communications
We or other athletes in the community may contact you in connection with your use of the Services. We have
outlined how you can manage some of these settings [here](https://account.underarmour.com/preferences).
After signing up for an account, you may receive periodic email communications regarding the operations of our
Services. You cannot opt out of receiving these communications while you continue to use our Services.
You may also receive periodic promotions and other offers or materials that we believe might be of interest to
you. You can opt out of receiving these promotional messages at any time by following the unsubscribe
instructions contained in the message footer, or changing the email preferences in your account.
By finding and connecting with your friends and other athletes in our community, you may receive electronic
communications, including messages from them (depending on your preferences, you may receive notification of
these messages via email, in the website/application, and/or as a push notification). You can manage the
messages you receive from other athletes in our Services by changing the preferences in your account.
2. Privacy
(a) Your Privacy
For information about how Under Armour collects, uses, and shares your Personal Data, please review our [Privacy
Policy](https://account.underarmour.com/privacy).
We take the collection, use and security of the Personal Data that our athletes provide to us very seriously. By
using the Services you consent to the collection, use, and sharing of such Personal Data (as set forth in the
Privacy Policy, including the transfer of this Personal Data to the United States and/or other countries for storage,
5/938
processing, and use by Under Armour.
(b) Spreading the Word
We hope you enjoy using our Services and encourage you to share your enthusiasm for them with your friends. If
you elect to use the features in our Services to tell a friend about the Services, we will ask you to provide your
friendʼs email address or social media profile, which we may then use to contact your friend about the Services.
We may store the information you provide for a period of time, but we will not post this information publicly. You
represent that you are authorized to provide any third-party contact information that you provide to us for
referrals.
3. Ownership and Use of Content
(a) Definitions
Content is the stuff that shows up on your display when you use our Services. User-Generated Content is any
Content that is created by you or other athletes, and UA Content is all other Content.
For purposes of these Terms, (i) the term “Content” means any creative expression and includes, without
limitation, video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications,
replies, “likes,” comments, information, data, software, scripts, executable files, graphics, maps, routes, geo-
data, workouts and workout data, training plans, sleep activity, annotations, nutrition information, recipes,
interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property
therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii)
the term “User-Generated Content” means any Content that an athlete (that includes you!) submits, transfers, or
otherwise provides to or through the use of the Services. Content includes, without limitation, all User-Generated
Content; and (iii) the term “UA Content” means all Content that is not User-Generated Content.
(b) Ownership
You own the Content that you create, and we own the Content that we create. Please donʼt post other peopleʼs
work without permission.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and
unregistered) in and on the Services and UA Content belong to Under Armour and/or its partners or applicable
third parties. Each athlete retains ownership, responsibility for, and/or other applicable rights in the User-
Generated Content that they create, and Under Armour and/or its partners or third parties retain ownership,
responsibility for and/or other applicable rights in all UA Content. Except as expressly provided in the Terms,
nothing in the Terms grants you a right or license to use any UA Content, including any content owned or
6/938
controlled by any of our partners or other third parties. You agree that you will respect the intellectual property
rights of others, and represent and warrant that you have all of the necessary rights to grant Under Armour a
license (described further in part (d) below) for all User-Generated Content you submit in connection with the
Services.
(c) Our License to You
You are welcome to access and use our content, products and services. We work hard to provide a great
experience for our athletes, so please respect our intellectual property rights and only use our Services the way
theyʼre intended to be used. This includes not using our Services for commercial purposes without our
permission, or doing bad things to us or other athletes. We do have some cool APIs and other tools that you can
use to help create your own apps and products. Contact us to find out more.
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if
any), and the UA Content contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. We grant you a limited, revocable, personal, non-transferable, and non-
exclusive right and license to access and use the Services and UA Content, provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense,
grant a security interest in, or otherwise transfer any right in the UA Content or Services to anyone else. This
license is subject to the Terms, including our Community Guidelines and the following:
UA Content. Except as expressly permitted by applicable law or authorized by Under Armour, you agree
not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the
Servicesʼ software, or any UA Content offered as part of the Services (other than User-Generated
Content), in whole or in part. Please do not download, copy, or save UA Content, except (i) as expressly
permitted by the functionality of certain Services (e.g., printed maps) as provided for in the specific
guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your
records.
Commercial Usage of the Services. The Services, with the exception of certain products and services
provided though the Under Armour-branded websites and certain widgets that we make available as
tools for website owners (collectively, the “Commercial Tools”), are intended only for your personal,
non-commercial use. You may not use the Services (other than certain Commercial Tools) to sell a
product or service, increase traffic to your own website or a third-party website for commercial reasons,
such as advertising sales, or otherwise undertake any endeavor aimed at deriving revenue. For example,
you may not take the results from a search of the Services and reformat and display them, or mirror our
7/938
home pages or results pages on your website. Moreover, you may not “meta-search” our Services. If you
seek to make commercial use of the Services other than through the Commercial Tools, you must enter
into an agreement with us to do so in advance. To learn more about the Commercial Tools, please visit
https://developer.underarmour.com/. By using any of the Commercial Tools, you acknowledge and
agree to the Terms and any additional terms and conditions applicable to those select Services.
Linking to the Services. If you would like to link to our Services on your website or application, please
follow these rules: (i) any link to the Services must be a text only link clearly marked “Under Armour”
(without the use of any other trademark, logo copyright or any other intellectual property asset owned or
controlled by Under Armour) or in some other format directed by Under Armour, (ii) the appearance,
position and other aspects of the link may not damage or dilute the goodwill associated with our marks,
(iii) the link must “point” to the root domain name of the Services and not to other pages within the
Services, (iv) the appearance, position and other attributes of the link may not create the false
appearance that your organization or entity is sponsored by, affiliated with, or associated with Under
Armour, (v) when selected, the link must display the Service on full-screen and not within a “frame” on
the linking website or service, and (vi) Under Armour reserves the right to revoke its consent to the link
at any time and in its sole discretion, and upon our notification to you of such revocation of consent,
you agree to promptly remove the relevant link from your website or application.
Confusion or Impersonation. Do not impersonate any person or entity, and/or falsely claim an
affiliation with any person or entity.
Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Services,
including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our
resources.
Automated Querying. Do not send automated queries of any sort to the systems and networks we use
to provide the Services without our express written permission. “Sending automated queries” includes
but is not limited to:
using any software that sends automated queries to the systems and networks we use to provide the
Services that seek bulk data, or determine how many saved routes or athletes we have for various
queries;
“meta-searching” the Services and the systems and networks we use to provide the Services; and
performing “offline” searches relative to the Services.
8/938
Unlawful Uses. You may only use the UA Content and Services for legally permitted purposes. You may
not use the Services or any UA Content or other information displayed on or made available by the
Services to stalk, harass, abuse, defame, threaten, or defraud others.
(d) Your License to Us
When you post content in connection with the Services, it still belongs to you – however, youʼre giving us
permission to use that content in certain ways in connection with our Services and make the content available to
others. We can edit or remove your content from our products and services at any time for any reason.
When you provide User-Generated Content to Under Armour through the Services, you grant Under Armour and
our athletes a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and
license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or
otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the
requirements of any networks, devices, services, or media through which the Services are available),
commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with
any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-
Generated Content in any way we desire; (b) Under Armour has no obligation to provide you with any credit when
using your User-Generated Content, but if Under Armour chooses to provide you with credit, the size and
placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other
payment from us in connection with the use of your User-Generated Content.
The rights you grant in this license are for the limited purposes of allowing Under Armour to operate the Services
in accordance with their functionality, improve the Services, develop new Services, and to allow other community
members to use the Services in accordance with their intended function. Notwithstanding the above, we will not
make use of any of your User-Generated Content in a manner that is inconsistent with the privacy settings you
establish within our Services. For information on managing your privacy settings for the Services, see the Under
Armour Privacy Policy.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time,
including User-Generated Content that we believe violates these Terms, the Community Guidelines, and/or our
policies.
(e) Content Retention
Please keep in mind that when you make something publicly available on the Internet, it becomes practically
impossible to take down all copies of it in the future.
9/938
Following termination of your account, or if you remove any User-Generated Content from the Services, we may
retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit
purposes, or as otherwise required or permitted by law. Furthermore, Under Armour and its athletes may retain
and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any
of your User-Generated Content that otherwise has been stored or shared through Under Armour. Accordingly,
note that the above license to your User-Generated Content continues even if you stop using the Services. When
you post something publicly, others may choose to comment on it, making your Content part of a social
conversation. For more information, please review our Privacy Policy.
(f) User-Generated Content and Eligibility to Participate in Certain Sports Organizations
Things that happen online may have consequences in the real world.
Certain sports organizations have rules on amateurism and eligibility that could potentially be implicated if you
post User-Generated Content within the Services, even User-Generated Content that you believe is
noncommercial in nature. It is your responsibility to determine whether posting User-Generated Content within
the Services will affect your eligibility to participate in any sport under any applicable rules of any sports
organization.
(g) Your Feedback
We appreciate your feedback and can freely use your suggestions to make Under Armour and athletes around the
world better. Thank you and keep the ideas coming!
We value hearing from our athletes, and are always interested in learning about ways we can make Under Armour
awesome. If you choose to submit comments, ideas or feedback, you should submit the idea through our Idea
Submission website at https://uaideas.force.com/, and you agree that we are free to use the ideas you submit
without any restriction or compensation to you. By accepting your submission, Under Armour does not waive any
rights to use similar or related feedback previously known to Under Armour, developed by our employees, or
obtained from sources other than you. You certify and represent that the information or feedback you submit to
us through the Services is not confidential or proprietary information.
(h) Trademarks
We love your support and imitation is flattering, but please respect our trademarks and brands.
Under Armour owns or licenses all Under Armour trademarks, service marks, branding, logos, and other similar
assets (the “UA Trademarks”). Being an Under Armour athlete is a badge of honor, and we encourage you to
proudly wear our gear and display the UA Trademarks for personal use. However, please do not copy, imitate,
10/938