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1. INTRODUCTION
1.1 Runtastic operates an interactive online platform and mobile apps aiming to connect, and create new opportunities for, people who are, or want to become, sports- and health-conscious.
1.2 In order to be able to use the complete spectrum of Runtastic’s products and services, a one-time registration is required (see Section 4, below). However, certain content (e.g., information regarding sports, health or nutrition), including general descriptions of Runtastic can be viewed without registration.
1.3 Runtastic’s goal is to make sports enjoyable and to make a positive contribution to people’s health.
1.4 Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. Runtastic neither substitutes your doctor, nor is Runtastic responsible for your behavior. The contents of the Runtastic.com platform or Apps from Runtastic GmbH, regardless whether they are provided by Runtastic, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.
2. VALIDITY OF THE T&C
2.1 Runtastic offers the interactive Runtastic.com platform and Runtastic mobile apps on the basis of these T&C. By registering, the user consents to the validity of these T&C and any agreements incorporated therein by reference.
2.2 Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these T&C.
2.3 These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for Runtastic’s products and services. In particular, the Runtastic online offering will be accessible via the following domains: runtastic.com, runtastic.at, runtastic.de, runtastic.eu and runtastic.co.uk.
2.4 These T&C shall be valid until cancelled in the currently valid version as of 01 Nov, 2014.
2.5 Solely the German version of these T&C is binding.
3. SUBJECT OF THE AGREEMENT
Currently, Runtastic essentially offers its users the following applications and information in several languages:
3.1 Runtastic.com platform:
3.1.1 Personal profile page (label: my profile), including personal details
3.1.2 Sports diary, including a clear overview of sports activities
3.1.3 Statistics, analysis and comparisons concerning your sports activities
3.1.4 Messaging system, in order to exchange personal messages
3.1.5 Training plans and records, as added by users, and presented and administered by Runtastic, respectively
3.1.6 Routes, as added by users, and presented and administered by Runtastic, respectively
3.1.7 News regarding Runtastic in short form
3.1.8 Mobile Fitness & Health Apps
3.1.9 Shop: In this category Runtastic displays and links to some external shops, which provide sports and fitness products. Runtastic acts as agent and not as vendor. Therefore special shop terms and conditions are defined, and are not part of these T&C.
3.1.10 Content, e.g. texts, pictures and videos, regarding sports, health and nutrition will be presented by Runtastic and professional third parties (sports coaches, trainers, ...)
3.1.11 Status Messages
3.1.12 Blog: Presentation of company information, products and news in long form
3.1.13 Other Content:
About us: Short description of Runtastic
Company offerings: Offers of Runtastic addressed to companies
Partners: Presentation of partners and supporters of Runtastic
Advertising by Runtastic and/or third parties
Support for users
T&C
3.2 Mobile applications; Runtastic Mobile
3.2.1 Runtastic offers applications for Apple iPhones, Android phones and other smartphones on a global scale.
3.2.2 These applications can be used both isolated on the smartphone as well as in connection with the Runtastic.com platform.
3.2.3 Subject to the user's consent, relevant data is transmitted from the smartphone to the Runtastic.com platform and shared with other social networks (e.g., Facebook), respectively.
3.2.4 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Runtastic.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
3.2.5 The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
3.2.6 Additional terms and conditions on the part of the mobile phone-providers apply.
3.3 Other Services of Runtastic
3.3.1 Runtastic will send newsletters to registered users. By accepting these T&C, the user allows Runtastic to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Runtastic.
4. REGISTRATION
4.1 In order to be able to use the Runtastic.com platform, a one-time, free registration is required. Runtastic offers users two options of registering on the Runtastic.com platform:
4.1.1 a "Free Membership" (basic), where only basic options and features are made available to users;
4.1.2 a "PREMIUM Membership", with all options and features made available to users.
4.2 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Runtastic. Minors may only register with Runtastic subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to register@runtastic.com.
4.3 By registering, the user confirms its knowledge and the unlimited recognition of the content of these T&C.
4.4 Each user shall register with Runtastic once only, and confirms with its registration that it has not registered an account with Runtastic before and has not deleted a previously activated user account.
4.5 Subject at all times to Section 13 hereof, a user can register in one of two ways:
4.5.1 Registration by use of the registration form provided on the Runtastic.com platform:
For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible.
4.5.2 Adoption by Runtastic of registration details provided by the user in the social network Facebook or Google G+:
Registration via Facebook Connect or via Google G+ requires the user to confirm that the selected details, which the user previously provided on Facebook or Google G+ , shall be adopted by the Runtastic network. The user can subsequently add to or reduce such details in such user’s profile on the Runtastic.com platform.
4.6 Following successful registration, the user can log on to the Runtastic.com platform by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook connect or Google G+.
4.7 If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these T&C, Runtastic will delete the corresponding account within a period of seven days.
4.8 Runtastic reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
4.9 Runtastic is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
5.1 Fraud protection.
5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at abuse@runtastic.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
5.1.2 Runtastic will not refund any amounts paid by you to runtastic.com before you report an unauthorized or fraudulent use of your account.
5.1.3 Runtastic.com has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
5.2 Promotions and Free Offers. Runtastic.com may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
6. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
6.1 Subscription Requirement. In order to use the Runtastic Premium Service for Premium Members, you must (i) be a registered user of the Runtastic.com platform, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card or any other form of payment accepted by Runtastic (the “Subscription”). If you are not a registered user of the Runtastic.com platform, you must register before you can execute the Subscription. Details about the applicable fees for the Premium Membership are set forth on http://www.runtastic.com/en/premium-membership.
6.2 Types and Prices of Subscriptions. Runtastic.com offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing here www.runtastic.com/premium-membership. All prices are subject to change at Runtastic’s discretion at any time. Any price changes will be announced on the Runtastic.com platform.
6.3 Payment.
6.3.1 Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscri