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Terms of Use

Terms of Use and Privacy Policy
 
Last Revised: February 8, 2012
Thank you for visiting <www.nyrr.org> (the “Site”), the site of New York Road Runners, Inc. (“we” or “us” or “New York Road Runners”). Please read these Terms of Use and Privacy Policy (this “Policy”) carefully.  It describes the terms of use governing this Site and the privacy practices we undertake. This Policy sets out your obligations and ours with respect to your use of the Site and, by using the Site, you agree to abide by the terms of this Policy.
 
Changes and Updates to this Policy
This Policy shall supersede and replace all previous versions thereof.  We reserve the right to change the information, features, products, policies, promotions, disclosures and disclaimers of this Site at any time. Changes to this Policy will be posted on the Site as they occur.  You can tell that the Policy has been updated by checking the last revised date posted on the top of this page.  Please check this Policy periodically to determine if any changes were made to it since you last visited the Site. Your continued use of the Site following the posting of changes to this Policy means that you have accepted such changes.
BY VISITING THE SITE, YOU ACCEPT THE PRACTICES DESCRIBED IN THIS POLICY, UNLESS YOU ARE A CHILD UNDER THE AGE OF 13, IN WHICH CASE, YOUR PARENTS ACCEPT THIS POLICY FOR THEMSELVES AND ON YOUR BEHALF. BY USING THIS WEBSITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT USE THIS WEBSITE.
You agree that when you click on an “I agree” or another similarly worded “button” or entry field with your mouse, keystroke or other computer device, if any, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
The terms of this Policy also apply to information, data, responses, tracking data and personally identifiable information that was gathered prior to the date of this Policy (“Prior Data”).  We reserve the right to use such Prior Data, unless you opt-out of such usage by emailing sitefeedback@nyrr.org.
 
How You Can Update or Correct Your Information and Contact the Site.
You can send a message to sitefeedback@nyrr.org to update or correct your Information or have your Information removed from our records.  Please contact us at sitefeedback@nyrr.org if you have any questions or concerns regarding the Site or this Policy.
 
Collection of Personally Identifiable Information
We collect and retain two types of information about Site visitors: (i) personal information that individual visitors provide when interacting on the Site, or voluntarily at certain other points (such as via forms or emails), including when registering for an Account, as described below; and (ii) tracking data, which is automatically collected from every Site visitor (collectively, “Information”). The Information that we gather may include your name, address, telephone number, email address, age, gender or other elements of personal information.  The type of Information collected may depend on the service or feature that you are trying to access or obtain.  In addition, if you contact us, we may keep a record of your correspondence, including any Information contained therein.
The tracking data we record includes, without limitation, Information regarding the number and frequency of users to the Site, the date and time of visits to our Site, the websites that users access before and after they visit the Site, the internet software used by our users to access the Site, and our users’ IP addresses and internet service providers. We attempt to aggregate such tracking data so that no such data is tied to you in any personally-identifiable manner, however, due to the nature of the internet, this is not always feasible and tracking data may be traceable back to you.
When your web browser accesses the Site, we collect certain information via “cookies” to make the use of the Site more useful and help the Site and the computer accessing the Site communicate. We may save Information in cookies. Most browsers are initially set up to accept cookies. You can set your browser to refuse all cookies or indicate when a cookie is being sent but, please note that this may affect your ability to take advantage of some of the features and content offered on the Site.
Please note that if you choose not to provide us with certain Information requested on any such form, you may be precluded from accessing or from fully benefiting from the features, content or services offered on the Site.
 
How We Use Your Information.
The Information that we collect and that you provide to us is used for our organizational purposes and the purpose for which you provided it, including, without limitation, to respond to your requests or correspondence. The Information may also be analyzed so that we can operate the Site in the best manner possible through enhanced features and functions and to provide you with useful information.
We use tracking data for a variety of purposes, including, without limitation, for system administration, load balancing metrics and to create reports on user demographics and Site traffic patterns. The reports that are generated from tracking data are used for a variety of purposes, including, for example, to improve the Site and our services.
We will not disclose any Information to third parties, except (i) to parties who perform services for us; (ii) when we believe that such disclosure is required by law; (iii) to enforce the Policy; (iv) to protect the rights, property, security or safety of New York Road Runners, Site users or the public; (v) to respond to an emergency; or (vi) as otherwise stated in this Policy.We reserve the right to disclose any Information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.
We may employ third-party agents or third-party service providers to operate the Site and to perform functions on our behalf, such as sending postal mail and email and analyzing data or other administrative tasks.  These third parties have access to Information needed to perform their functions.  We seek to limit such third parties to using the Information that is shared with them solely for the purpose of providing such services, however, we cannot be responsible for such third parties’ use of Information not in compliance with this Policy.
 
Use of Your Account.
Any user that wishes to create a registered profile on the Site (a “Member”) shall select a password and user name (“User Name”) to establish an account (an “Account”). You agree to provide us with accurate, complete, and updated Account information. Failure to do so will constitute a breach of this Policy, which, in our sole discretion, may result in the immediate termination of your rights to use the Account. You may not (a) select or use a User Name of another person with the intent to impersonate that person, (b) use a User Name subject to the rights of any other person without authorization, or (c) use a User Name that we, in our sole discretion, deem inappropriate or offensive.
A user may also register a profile on the Site to establish a group account with sub-accounts for such user's students, family members, team members or other people associated with such user.  In this case, the primary user shall be considered the Member for the purposes of this Policy and shall be responsible for the sub-accounts such user establishes, and the term “Account,” as it is used herein, shall refer to both the primary user account as well as any sub-accounts.
If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any other information stored on the Site), you must promptly change your password and notify us of the disclosure (by notice given as described in the Notice section below).
 
Links To Other Sites
We may provide links to other web sites. We are not responsible for the information collection, use and disclosure practices of those other web sites, and we advise you to check the privacy policies of each such other web site before using it, to understand how your personal information will be handled on each such other web site. Our Policy does not apply to any of the other web sites to which our Site links.
 
How Your Information Is Protected
We take reasonable precautions to protect your Information from loss, misuse or alteration. We maintain reasonable physical, electronic and procedural safeguards for your Information. You should recognize, however, that there is no such thing as “perfect security” on the internet and we cannot guarantee the security of your Information. In addition, because internet communication is unsecure, it is also possible that the information you supply to us or your access of any information via the Site will be intercepted during transmission. We make no guarantees, warranties or representations that you will be absolutely safe or insulated from inappropriate content or behavior and we do not guarantee, warrant or represent that any Site user will not try to circumvent, or be successful in circumventing, any of the features on the Site.   We cannot be liable for any breach of our systems, interception of our transmission or inappropriate behavior of other users of the Site and we hereby fully disclaim, to the fullest extent provided under law, any liability associated with any claim relating to a breach of security, data or information or behavior of other users.
 
Other Communications.
From time to time, we may email Site users information regarding important developments affecting New York Road Runners. We may also email Site users on occasion regarding the Site. Such emails may be sent to Site users even if they have not requested to receive any communication from us.
 
Our Administration of the Site
We may impose limits on certain features or restrict your access to parts, or all, of the Site without any notice or liability of any kind.  We reserve the right to change prospectively the amount of, or basis for determining, any fees or charges for the Site, and to institute new fees or charges for access to portions of the Site effective upon prior notice to Members by posting such changes on the Site or by sending emails to Members. You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.
 
Fees and Payment; Renewal; Cancellation
As the Member, you agree to pay all charges relating to your Account, including applicable taxes, in accordance with billing terms set forth below. You must provide us with valid credit card information throughout the time that the Account is open. We will charge the Member’s credit card either after the trial period expires, or on the date the Member subscribes to the Site if no trial period is offered. Thereafter, we will automatically renew and charge the Member’s Account.   We agree to terminate the Account upon receipt of notification from the Member. 
Your Account may be suspended for non-payment, and you may be responsible for any and all bank or service charges incurred in connection with payment of charges to your Account, and for any costs of collection including reasonable attorneys’ fees.
 
Notices
As the Member, you must provide us with your correct and valid email address, and you further agree to update us of any changes in your email address or other Account information. We may give notice to the Member by means of a general notice on the Site, email to the Member’s email address on record in the Account information provided by the Member, or by written communication sent by mail to the Member’s address on record in such Account information. You may give notice to us by electronic mail at the following email address at sitefeedback@nyrr.org.  All notices will be deemed given when delivered or, in the case of notices posted on the Site, as of the time of first use of the Account following such posting.
 
Materials and Content Contained in the Site
All materials and content contained on the Site or provided through the Site (including any form of media on or through which any portion of the Site is provided to you) are the copyrighted property of  New York Road Runners, its affiliated entities and/or third parties. All New York Road Runners trademarks, service marks, brands, trade dress, logos, characters and trade names, including the marks “ING New York City MarathonTM,” “New York City Marathon®,” “NYC Marathon,” “Where the World Comes to Run®,” “New York Road Runners,” “NYRR,” the ING New York City Marathon logo design, as well as the domain names (registered and unregistered) associated with the foregoing, are proprietary to New York Road Runners and may not be used or reproduced in any manner unless expressly licensed by New York Road Runners.  No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download into your local web browser’s cache one copy of the materials for your personal, non-commercial use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the materials, (c) you do not use the materials in a manner that suggests any association with any of our products, services, or brands or the products, services or brands of any other person, and (d) you do not download any of the materials to a database that can be used to avoid future access to the Site for access to such downloaded materials.
 
User Submissions
We are pleased to hear from you and welcome your permitted postings and comments regarding the Site. However, New York Road Runners does not accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested or allowed, via submission forms on the Site, to be submitted. We value your feedback on the Site, however, when submitting anything to us we cannot assure the protection of any proprietary rights you may have in any such submission. All submissions sent by you to us, whether at our request (e.g., picture postings, postings to chat areas, boards, or any other form submission) or not and whether such submissions contain your creative suggestions, ideas, notes, drawings, concepts, or other proprietary information or intellectual property (collectively, “User Submissions” notwithstanding whether provided by a Member, user or some other individual or entity) shall be deemed, and shall remain, our sole property. None of the User Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any User Submission. Without limiting the foregoing, we shall exclusively own all now known or hereafter existing rights to the User Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the User Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions.
 
Posting and Other On-Site Communications
“Common Area” means a chat room, message board, personalized page, photo log or photo page, or other similar function which may be offered as part of the Site. If you participate in any Common Area within the Site, you must not, and the Member is responsible for ensuring that no one using the Account shall: defame, abuse, harass or threaten others; make any bigoted, hateful or racially offensive statements (as determined in our sole discretion); advocate illegal activity or discuss illegal activities with the intent to commit them; post or distribute any material that infringes and/or violates any right of a third party (including, without limitation, any intellectual property right) or any law; post or distribute any vulgar, obscene, discourteous or indecent language or images (as determined in our sole discretion); advertise or sell to, or solicit others; use the Common Area for commercial purposes of any kind; post or distribute any software or other materials which contain a virus or other harmful component; or post material or make statements that do not generally pertain to the designated topic or theme of the respective Common Area. We reserve the right to remove or edit content from any Common Area at any time and for any reason. By uploading materials to any Common Area or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, to the extent provided by law, you represent and warrant that all so-called “moral rights” in those materials have been waived.  Any visitor to the Site remains solely responsible for the content of any message sent, authored, or compiled by such visitor. We may disclose the identity of a user posting or uploading materials to a Common Area.
 
Representations, Warranties and Indemnification
You represent, warrant, and covenant that: (a) neither you nor any other person who uses your Account will use your Account to perform, suggest or encourage any fraudulent, illegal, untruthful or inappropriate activity, and (b) that you and all other persons who use your Account will fully comply with the terms of this Agreement. You hereby agree to indemnify, defend, and hold New York Road Runners, its affiliated companies, and all of its and their officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim or cause of action arising out of the use of your Account and/or any breach by you, any Member or any other user of the Account, of any of the above representations, warranties, and covenants or any other provision of this Agreement. You will, and will cause all other persons who use your Account to, cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder.
We make no representation, warranty or endorsement as to the accuracy or reliability of any statement, advice, opinion, content, materials or information contained in, and/or displayed, uploaded, or distributed by or through the Site. You acknowledge that any reliance upon any such information will be at your sole risk. We will have the right, in our sole discretion, to correct any errors or omissions in any portion of the Site, but we have no obligation or duty whatsoever to do so, including any obligation to monitor the Site for such errors or omissions. 
 
DISCLAIMER
THE MATERIALS ON THE SITE (EXPRESSLY INCLUDING ANY FORM OF MEDIA ON OR THROUGH WHICH ANY PORTION OF THE SITE IS PROVIDED TO YOU) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THE ABSENCE OF INACCURACIES IN INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE) ASSUME THE ENTIRE RESPONSIBILITY AND COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN CONNECTION WITH YOUR USE OF THE SITE.
 
LIMITATION OF LIABILITY
New York Road Runners and its affiliates, officers, agents, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Site and services or resulting from any information or services obtained or messages received or transactions entered into through the Site or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if due to our negligence and even if we have been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.  If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Site.
 
Site Directed at United States Visitors
The Site is targeted at and intended for users residing in the United States.  Given the global nature of the Internet, the Site may be accessed by users residing outside of the United States.  We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States.  Users who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.  If you are located outside of the United States, your personally identifiable information will be transferred to the United States.  By accessing our Site and by submitting your personally identifiable information, you consent to its transfer and storage in the United States and its use by us as provided for herein.
 
Transfer of Information to Third Parties Upon a Sale or Change of Control
We retain the right to transfer or assign all personally identifiable information pursuant to a merger, consolidation or other transaction relating to New York Road Runners if the assignee or acquirer agrees to abide by the terms of this Policy.
 
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Site Provider’s Designated Agent. Notification must be submitted to the following Designated Agent:
Site Provider: New York Road Runners
Name of Agent Designated to Receive Notification of Claimed Infringement: James Grooms, Esq.
Full Address of Designated Agent to Which Notification Should be Sent: New York Road Runners, 156 West 56th Street, 3rd Floor, New York, NY 10019
Telephone Number of Designated Agent: 212-548-0475
Facsimile Number of Designated Agent: 212-446-1954
Email Address of Designated Agent: jgrooms@nyrr.org
To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 
General Provisions
You may not modify this Policy. This Policy shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Policy shall be filed only in the state or federal courts located in the County and State of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action and waive any claim that such courts are an inconvenient forum for such actions. If any provision of this Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of the provisions contained herein and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided for herein.
 

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