Terms of Use

Welcome to Runball!

Thanks for using our products and services. By using our Services, you are agreeing to these terms. Please read them carefully.

You are reading these Terms because you are using a Runball website, digital experience, social media platform, mobile app, or one of our other products or services, all of which are part of Runball Rally’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier’s normal rates and fees apply to your Device.

By visiting any Runball Website or downloading, installing, or using any Runball Rally service, you signify your agreement to the conditions set forth in these Terms. If you do not agree to these Terms, including the Runball Rally Privacy Policy, please do not use the Websites.

These Terms create a legally binding agreement between you and Runball Rally and its affiliates (which we may refer to as “RUNBALL RALLY,” “we,” “us,” or “our”) regarding your use of the Platform.

  • Privacy Policy.  Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

 

GROUND RULES

Eligibility. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.

Rules for Registration. When you register for an account with us, the following rules apply:

  • Be True: Provide accurate and current registration information.
  • Be You: Keep your registration personal. Do not register for more than one Runball Rally account, register a Runball account on behalf of someone else, or transfer your account.
  • Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
  • Be Responsible: Inform Runball Rally immediately of any unauthorized use of your Runball Rally account. You are responsible for anything that happens through your Runball Rally account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RUNBALL RALLY IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by Runball Rally or others we license Content from, and is protected by copyright, trademark, patent and other laws. Runball Rally reserves all rights not expressly described in these Terms.

  • All trademarks, service marks and trade names (e.g., the Runball Rally name and the Circle Runball design) are owned, registered and/or licensed by Runball Rally.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
  • You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
  • To the extent Runball Rally approves the download or use of Content comprised of copyrights or copyrightable works, Runball Rally grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Runball Rally makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  Runball Rally reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  Runball Rally reserves the right to take down any Content in violation of these terms or Runball Rally’s intellectual property rights.  Runball Rally allowing you this limited use does not constitute a waiver of any of Runball Rally’s rights to the Content.
  • Outside of the specific usage rights granted to you by Runball Rally in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Runball Rally’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

MODIFICATION OF TERMS

Runball Rally may, in its sole discretion, modify, supplement, or revise these Terms at any time. Unless a change is made for legal or administrative reasons, Runball Rally will provide reasonable notice before the updated Terms become effective. You agree Runball Rally may notify you of the updated Terms by posting them on the Websites, and that your use of the Websites after the effective date of the updated Terms (or engaging in such other conduct as Runball Rally may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Websites. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Websites from that point forward.

The Websites are currently a free service; however, Runball Rally reserves the right to, at any time, begin charging for use of any or all parts of the Websites. Runball Rally also reserves the right to discontinue any part of the Websites at any time, as well as the right to
reclaim user names that have become inactive or to reclaim them on behalf of businesses or individuals that hold legal claim or trademark on those user names.

USER CODE OF CONDUCT

We’re excited to have you contribute to the Runball Rally community. Here are a few basic rules:

  • Be Original. Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
  • Be Safe.
  • Do not do anything that may expose Runball Rally or its users to any type of harm, including anything that may disrupt damage, disable, tamper with, overburden or limit the functionality of the Platform.
  • Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
  • Do not use any data mining, robots, scraping or similar data gathering methods.
  • Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform – yours or anybody else’s.
  • Be Personal.
  • Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing a commercial activity on the Platform.
  • Do not collect or solicit personal information from other Platform users or send unsolicited messages.
  • Do not use automated technology to interact with the Platform.
  • Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. Runball Rally has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
  • Be Yourself. Do not impersonate any person or organization, including athletes or Runball Rally employees.
  • HAVE TONS OF FUN!

PARTNERS ON THE PLATFORM

From time to time, Runball Rally may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean Runball Rally endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. Runball Rally is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

RUNBALL RALLY ACCOUNTS

You do not need an account to access content on the Websites; however, in order to access some features on the Websites, you must create an account. You may be able to create your account using your Facebook, social media, email or other outlets. Your use of third-party services is governed by the terms of use and privacy policies of those third parties.

You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other Runball Rally users. Runball Rally prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Runball Rally upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

You are solely responsible for the activity that occurs on your account and must keep your account password secure and protected from unauthorized use. You must notify Runball Rally immediately of any breach of security or unauthorized use of your account. Although Runball Rally will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Runball Rally or others due to such unauthorized use.

Runball Rally will not be responsible for any unauthorized access to, or alteration of, your transmissions of data or any material, information, or data sent to or received from your account, regardless of whether the data is actually received by Runball Rally.

TERMINATION

Runball Rally may terminate or modify any Runball Rally Platform, member program, product or service at any time without notice.

Runball Rally may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Runball Rally, subject to applicable law.

  • You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
  • These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
  • You may delete or suspend your account with any Website at any time.

INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Platform, but Runball Rally must also protect itself from any damages you may cause.

You agree to indemnify, defend, and hold harmless Runball Rally, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Runball Rally 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 Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Runball Rally Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

POSTING CONTENT TO THE PLATFORM

You grant Runball Rally a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the User Content), transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial, promotional and operational use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”

Comments and Discussion Groups

In order to make the Comments and Discussion sections of the Websites interesting and informative for Runball Rally’s Website users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or
viewing comments or discussions:

  • If a comment is made using your identity or account, it will be deemed to have been posted by you.
  • Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
  • Do not intentionally make false or misleading statements.
  • Do not offer to sell or buy any product or service.
  • Do not post material that infringes IP Rights or Personal Rights.
  • Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
  • Do not question why a previous comment was removed.
  • Keep all comments relevant and ‘on topic’ to the particular Runball Rally Website posting open for comments.

Runball Rally will not and does not accept responsibility for information posted in the Comments.

If Runball Rally receives notice that any posting is not in keeping with these Terms or the intended use of the Comments, Runball Rally may remove that post and/or any other related posts.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND “AS
AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RUNBALL RALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. RUNBALL RALLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RUNBALL RALLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITES OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR ANY SITES LINKED TO THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. RUNBALL RALLY MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS. RUNBALL RALLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF RUNBALL RALLY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. RUNBALL RALLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES; AND/OR (g) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

DISPUTES / ADDITIONAL TERMS

Electronic Communications

  • By using the Platform, you agree to receive certain electronic communications from Runball Rally, subject to applicable law.
  • You agree that any notice, agreement, disclosure or other communication that Runball Rally sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

User Age Requirements

To use the Websites, you must either be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, if you are between the ages of 13 and the age of majority, you must have the consent of your parent or legal guardian to use the
Websites. If you are under 13 years of age, please do not use the Websites.

Limitations Period

YOU AND RUNBALL RALLY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.

 

Thanks for reading.  Please enjoy our community!

Last Updated: November 21, 2019

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