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Term of use

Last Updated: November 1, 2019

Welcome to the family of websites, mobile applications, or anywhere else these Terms of Service are posted (collectively, the “RaceYaya Site(s)”) or where services are made available through the Site (“Services”) owned or operated by Runfitness Marketing, Inc., or its corporate parent(s), subsidiaries, and affiliates (“RaceYaya,” “we,” “us,” or “our”).
The following terms and conditions, together with any other terms, conditions, rules, or guidelines posted within the Site or incorporated by reference through use of the Services (collectively, these “Terms of Service”), govern your access to and use of the RaceYaya Sites, including any content, functionality, and Services offered on or through the RaceYaya Sites, whether as a guest or logged-in user.
RaceYaya is an e-commerce platform, event registration solutions, timing solutions, and participant services platform whereby users who are (1) event organizers, timers, and owners (hereby, called “Event Director(s)”) can create event landing pages, facilitate registration, payment, solicit donations, host results and photos and other technology services for events in order to provide such services to those who use the site and participate in such events (“Athlete(s)”), and whereby product owners/distributors (hereby called “Sellers”) can create product landing pages, facilitate selling and marketing, payment, and other technology services for their products in order to sell them to those who use the site and interested to purchase the said products (“Athlete(s)”)
RaceYaya and any subsidiaries and affiliates are collectively referred to herein as “we”, “us”, or “our”. “You” or “your” refers to collectively to all users of RaceYaya Sites, including but not limited to Athletes, Sellers, and Event Directors. Please note that special terms may apply to certain Services offered on the Site, including premium content that requires membership, rules for particular promotions, or other features or activities, and such terms will be posted on the applicable RaceYaya Sites. Any such terms are in addition to these Terms of Service, and in the event of any conflict, prevail over these Terms of Service.
Acceptance of the Terms of Service
Using the RaceYaya Sites or by clicking to accept or agree when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy herein incorporated by reference. The RaceYaya Sites are offered and available to users who are eighteen (18) years of age or older. If you do not agree to these Terms of Service or the Privacy Policy or are not eighteen (18) years of age or older, you must not access or use the RaceYaya Sites without parental consent.
Accessing the RaceYaya Sites, Registration, and Account Security
We reserve the right to withdraw or amend the RaceYaya Sites, and/or any service or material we provide on the RaceYaya Sites, at our sole discretion without notice. We will not be liable if for any reason all or any part of the RaceYaya Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the RaceYaya Sites, or the entire RaceYaya Sites, to users, including registered users.
In order to register for an event or use portions of the RaceYaya Sites, you may be required to create a RaceYaya Account and to provide a username, password, or other information required by RaceYaya, Seller, or Event Director. You are responsible for maintaining the confidentiality of your RaceYaya Account information and all the activities associated with your RaceYaya Account. It is a condition of your use of the RaceYaya Sites that all the information you provide on the RaceYaya Sites is correct, current, and complete. You agree that all information you provide through the RaceYaya Sites or through other means, including but not limited to, the use of any interactive features on the RaceYaya Sites, is governed by our Privacy Policy, and that you consent to all actions we take with respect to your information consistent with our Privacy Policy. You acknowledge and consent to the transfer of such information for processing or other use by RaceYaya You also acknowledge that your RaceYaya Account is personal to you and agree not to provide any other person with access to this RaceYaya Sites or portions of it using your user name, password, or other security information. We are not responsible for any loss or damage caused by your failure to take reasonable security measures or disclosure of your username and password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing [email protected] You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
License
RaceYaya hereby grants you a non-exclusive, non-transferable, non-sub licensable, revocable right to access and use the RaceYaya Sites and Services solely for the following purposes: (i) for the EVENT portal: (a) searching, registering, purchasing, or making donations for an event on the RaceYaya Sites; (b) accessing, claiming results, or otherwise using functionality in your RaceYaya Account; or (c) setting up event registration, event landing pages, or using the RaceYaya Sites to promote, organize, operate, time, accept payment, donations, or using other functionality as an Event Director; (ii) for the E-COMMERCE PORTAL: (a) searching, purchasing a product posted on the RaceYaya Sites; (b) setting up a product page, Seller landing pages, or using the RaceYaya Sites to promote, sell, accept payment, using other functionality as a Seller. Notwithstanding the foregoing, you shall not reproduce, modify, display, publicly perform, distribute, or create derivative works of or circumvent any access controls to the RaceYaya Sites, for any purpose not specifically permitted herein. You represent that your use of the RaceYaya Sites complies and will continue to comply with all applicable local, foreign, federal and state laws, rules and regulations. If you are an Event Director and collect information from a user facilitated through the RaceYaya Sites, you must provide a link to an applicable privacy policy that discloses your collection, use and storage practices, including any disclosure to any third party and such policy must comply with all applicable data privacy laws and regulations.
Product Selling, Event Registrations, Purchases and Fees
RaceYaya provides the capability for Event Directors and Sellers to facilitate registration and payment for events, promotion and selling of products or services, including donations or other fundraising, but RaceYaya is not the organizer, seller or owner of the events/products themselves, unless otherwise specifically indicated. The Event Director and Seller is solely responsible for all aspects of the event including ensuring the accuracy and completeness of all information posted about the event and ensuring the event is conducting in a manner that meets all applicable laws, rules and regulations.
If you wish to make a purchase of a product or register for an event through the RaceYaya Sites, you will be required to provide certain information, including credit card information, in order to complete the transaction. You agree to pay all charges and fees incurred by you, including any applicable taxes, processing or other fees. You represent and warrant that all information you provide will be accurate and you consent to RaceYaya providing such information to Event Directors and other third parties in order to facilitate the transaction. Event Directors may charge a non-refundable processing or service fee, which is either passed along to the athlete or included in the registration price and paid by the Event Director out of the registration proceeds. The processing fees paid by Athletes are not always the same as those charged by RaceYaya for use of the RaceYaya registration platform. Athletes may also be charged additional fees including facility, use, service, fulfillment or other fees as set by the Event Director. Please note that certain fees may be charged by your bank or credit card company including fees for purchasing event registrations or products or services in foreign currencies or from foreign Event Directors. RaceYaya recommends consulting with the appropriate financial institutions prior to consummating a transaction to understand all applicable fees, credit card charges and currency conversion rates (if applicable).
RaceYaya is not a party to and makes no representations or warranties with regard to any events, products or services sold by Event Directors or other third-parties through the RaceYaya Sites. RaceYaya will not be responsible for any costs or damages arising out of any interaction or transaction between the Event Director and the Athlete. RaceYaya is not responsible for vetting any Event Directors or their events, products or services and assumes no liability for any actions, inactions, or other activities of Event Directors or their employees, affiliates, contractors or related parties. Event Directors may impose additional terms and conditions with respect to their events, products and services.
Refunds and Event Cancellation
Event Directors are responsible for posting the applicable cancellation, refund, return and exchange policies for each of their events, products, or services sold through the RaceYaya Sites. You understand and agree that Event Directors often reserve the right to cancel events for a variety of reasons including but to limited to poor weather conditions, acts or war, terrorism, riots, or other reasons that would impact the safety or security of the participants and spectators. All event policies and rules are at the discretion of the Event Director and RaceYaya is not responsible in any way for such policies or rules. If you need to request a refund or have any issues with respect to a purchase, please contact the Event Director for processing as the RaceYaya Sites only facilitate the transaction between the Athlete and the Event Director. RaceYaya shall have no liability to the Athlete or the Event Director for its actions or inactions in resolving or failing to resolve any disputes.
Event Video, Photography, and Results
By participating in an event that uses the RaceYaya Sites for display of photography, video, or results (“Athlete Images and Data”), you hereby grant RaceYaya a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your image and likeness in the Athlete Images and Data uploaded by Event Directors on or through the RaceYaya Sites. If you are an Event Director or acting on behalf of an Event Director and you upload any Athlete Images and Data, you hereby grant RaceYaya a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the Athlete Images and Data on the RaceYaya Sites.
Prohibited Uses
You may use the RaceYaya Sites only for lawful purposes and in accordance with these Terms of Service. You agree not to use the RaceYaya Sites:
  • In any way that violates any applicable local, federal, state or international laws or regulations (including, without limitation, any laws regarding the use, processing, disclosure, sharing, transfer of personal or sensitive personal information and/or the export of data or software to and from the Philippines or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards as set forth in these Terms of Service.
  • To transmit, or facilitate the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or " spam" or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the RaceYaya Sites, or which, as determined, may harm RaceYaya or users of the RaceYaya Sites or expose them to liability.
  • Additionally, you agree not to:
  • Use of the RaceYaya Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the RaceYaya Sites, including their ability to engage in real time activities through the RaceYaya Sites.
  • Use any robot, spider, or other automatic device, process, or means to access the RaceYaya Sites for any purpose, including monitoring or copying any of the material on the RaceYaya Sites.
  • Use any manual process to monitor or copy any of the material on the RaceYaya Sites or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the RaceYaya Sites.
  • Introduce any virus, Trojan horses, worms, malwares, logic bombs, or other materials which are malicious and technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the RaceYaya Sites, the server on which the RaceYaya Sites are stored, or any server, computer, or database connected to the RaceYaya Sites.
  • Attack the RaceYaya Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the RaceYaya Sites.
User Contributions
The RaceYaya Sites may contain message boards, chat or message capabilities, personal or event pages or profiles, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the RaceYaya Sites. All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contributions you post on the RaceYaya Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the RaceYaya Sites, you grant us and our affiliates and service providers, and each of their respective licensees, successors in interest, and/or assigns, the right to use, reproduce, modify, perform, display, distribute, or otherwise disclose to third parties any such material for any legitimate purpose. You understand that by posting any messages, text, files, images, video, photos, sounds, or other materials on or through the RaceYaya Sites ("User Contributions"), you are granting RaceYaya, its subsidiaries, affiliates, assigns, agents, and licensees the irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform, or prepare derivative works of the User Contributions.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right and/or authority to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors in interest, and/or assigns.
  • All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not RaceYaya, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible and will not be accountable or liable to any third party for the content or accuracy of, or the intellectual property license or authority for any User Contributions posted by you or any other user of the RaceYaya Sites.
Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if upon investigation that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property rights or other rights of any person or entity, threatens the personal safety of users of the RaceYaya Sites or the public, or could create liability for RaceYaya.
  • Disclose your identity or other information about you to any third party who, after investigation, was found to be the rightful owner of the material that you posted
  • Take appropriate legal action, including without limitation, to instituting of civil and/or criminal case, claims for damages, and other action arising from the illegal and unauthorized use of Raceyaya sites.
  • Terminate or suspend your access to all or part of the RaceYaya Sites for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the RaceYaya Sites. WAIVE AND HOLD HARMLESS RACEYAYA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RACEYAYA OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Please take notice that we do not review all materials before its posting on RaceYaya Sites and, as such, cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no responsibility or liability for any accuracy, action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable local, federal, state, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote indecency or pornography violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property and other rights of the owner.
  • Violate the legal rights (including the right to privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws and regulations or those that may otherwise be in conflict with these Terms of Service and Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, needless anxiety or perform any act likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent identity or affiliation with any person or organization.
  • Involve unauthorized or illegal sales and promotional activities
  • Give the impression that they emanate from or are endorsed by RaceYaya or other similar misrepresentations.
Copyright Infringement
If you (or an agent authorized to act on your behalf) believe in good faith that your work on the RaceYaya Sites is used in a way that constitutes copyright infringement, please provide written notice to RaceYaya'or by mail to RaceYaya at [email protected] with the following information: (a) a physical or electronic signature of a person authorized to act on the copyright owner's behalf; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the copyrighted work is located on the RaceYaya Sites, including if possible a URL; (d) your address, telephone number and email address; (e) a statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf. RaceYaya may delete, remove or disable any infringing work, and may forward to the alleged infringer your written notice and its own notice that the work has been deleted, removed or disabled. RaceYaya reserves the right to terminate members who have posted infringing work.
Intellectual Property Rights
The entire contents of the RaceYaya Sites are copyrighted under the law as collective work and/or compilation. RaceYaya holds and owns the copyright and all other proprietary and intellectual property rights and title in and to the collective work, including but not limited to the pages, graphics, design, text, sound recordings, images, materials and content of the RaceYaya Sites, some of which may be trademarked. You agree that you will not copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from any of the contents of the RaceYaya Sites, including any information, products or services, without RaceYaya' express written consent. Subject to these and any other express restrictions with regard to specific material, you understand that you may download information concerning your RaceYaya Account, event, or other information as allowed by RaceYaya applicable to the use of RaceYaya Sites. You further agree that RaceYaya will not further require your approval to use your User Contributions. The RaceYaya name, logo and all related names, logos, product and service names, designs and slogans are trademarks of RaceYaya or its affiliates or licensors. You must not use any of our marks without prior written permission from RaceYaya. All other names, logos, product marks, service marks, designs, and slogans on RaceYaya Sites are the trademarks of their respective owners. Reliance on Information Posted The information presented on or through the RaceYaya Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any liability or responsibility arising from any reliance placed on such materials by you or any other visitor to the RaceYaya Sites, or by anyone who may be informed of any of its contents. We may update the content on the RaceYaya Sites from time to time, but its content is not necessarily complete or up-to-date. An information or material found on the RaceYaya Sites may be out of date at any given time and we are under no obligation to update such material.
This RaceYaya Sites include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed on these materials, and all articles and responses to questions and other contents, other than the content provided by RaceYaya, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RaceYaya. We are not responsible or liable to you or to any third party for the content or accuracy of, or the intellectual property license or authority for any materials provided by any third parties.
Links from the RaceYaya Sites
If the RaceYaya Sites contain links to other sites and resources provided by third parties, these links are provided for convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Should you decide to access any of the third party RaceYaya Sites linked to or from the RaceYaya Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such RaceYaya Sites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or RaceYaya Sites will be free of viruses, malwares, or other destructive codes. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE RACEYAYA SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY RACEYAYA SITES LINKED TO IT.
YOUR USE OF THE RACEYAYA SITES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES IS AT YOUR OWN RISK. THE RACEYAYA SITES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE RACEYAYA NOR ANY PERSON ASSOCIATED WITH RACEYAYA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE RACEYAYA SITES. WITHOUT LIMITING THE FOREGOING, NEITHER RACEYAYA NOR ANYONE ASSOCIATED WITH RACEYAYA REPRESENTS OR WARRANTS THAT THE RACEYAYA SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RACEYAYA SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
RACEYAYA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL RACEYAYA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR CLAIMS OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN OR SPECTATING AT ANY EVENT; USE OR INABILITY TO USE THE RACEYAYA SITES OR ANY RACEYAYA SITES LINKED TO IT, ANY CONTENT ON THE RACEYAYA SITES OR SUCH OTHER RACEYAYA SITES LINKED TO IT, OR ANY SERVICES OR PRODUCT OBTAINED THROUGH THE RACEYAYA SITES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless RaceYaya, its affiliates, licensors and service providers, officers, directors, employees, contractors, agents, licensors, suppliers, successors in interests, and/or assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the RaceYaya Sites, including, but not limited to, your User Contributions, any use of the RaceYaya Sites' content, services, and/or products other than as expressly authorized in these Terms of Service or your use of any information obtained from the RaceYaya Sites.
Governing Law and Jurisdiction
All matters relating to the RaceYaya Sites and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Philippines without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the RaceYaya Sites shall be instituted exclusively in the Philippines in the city of San Juan. We, however, retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Any dispute, controversy, or claim arising out of or relating to this agreement shall be settled by arbitration in accordance with RA 876 or the Arbitration Law of the Philippines.
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (signature required), or by electronic mail ("Notice") in the address provided herein.
We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law Raceyaya shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
Waiver and Severability
No waiver by RaceYaya of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RaceYaya to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. In case any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
Entire Agreement
These Terms of Service, our Privacy Policy, and any other posted terms or policies constitute the sole and entire agreement between you and RaceYaya with respect to the RaceYaya Sites and supersede any and all prior and contemporaneous undertakings, agreements, negotiations, promises, correspondence, covenants, arrangements, representations, and warranties, both written and oral, of any party.
Changes to Terms of Service
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and shall apply to all access to and use of the RaceYaya Sites thereafter. Your continued use of the RaceYaya Sites following the posting of revised Terms of Use shall be deemed as your acceptance and agreement to the changes. Users are highly encouraged to visit this page from time to time so as to be aware of any changes.
Your Comments and Concerns
All feedbacks, comments, requests for technical support and other communications relating to the RaceYaya Sites should be directed to [email protected]

Thank you for visiting the RaceYaya Sites.

© 2019 RaceYaya Inc. All rights reserved.

DATA PRIVACY POLICY

Runfitness Marketing, Inc. and its subsidiaries (collectively, “RaceYaya,” “we,” “us,” or “our”) respect your privacy and are committed to protecting your personal information.

This Privacy Policy (“Policy”) describes our policy on collection, use, processing, storage, retention, sharing, and/or disclosure of information that we obtain from your use of our websites, mobile apps, products, and services (collectively, “Services”). This information includes information that can be associated with a person/or could be used to identify a person (“Personal Data”), as well as information that does not relate to a person or cannot be used to identify a person (“Non-Personal Data”). The limitations and requirements pertaining to our collection, use, processing, disclosure, sharing, transfer, and storage/retention of Personal Data as set forth in this Policy do not apply to Non-Personal Data.

By visiting our websites or using any of our products or services, you agree that your personal information will be handled as described in this Policy.

Table of Contents
  1. Personal Data We Collect
  2. How We Use the Personal Data We Collect
  3. How We Disclose and Transfer Your Personal Data
  4. How We Secure Your Personal Data
  5. Choices You Have Regarding Your Personal Data
  6. Retention of Your Personal Data
  7. Cookies, Web Beacons, and Other Technologies
  8. Children
  9. International Privacy Laws
  10. Terms of Service
  11. Exclusions
  12. Changes to This Privacy Policy
  13. Contacting Us
1. Personal Data We Collect

1.1 Personal Data You Provide Us

When you sign up to use our Services, you voluntarily provide Personal Data. This Personal Data may include, but is not limited to, your contact information such as a first and last name, email address, postal address, and phone number; an account password; your date of birth; your gender; your social media account(s) information; your subscription preferences; your photographs, videos, or other content you or we contribute from your participation in events; your payment and billing information; your participation in or donation to a particular charity or charity event; your geo-location; your emergency contact information; your athletic performance in or your training performance for events; and/or information you include in public forums, messages, comments, searches, or queries through the Services.

From time to time, we run sweepstakes or contests through our Services or ask you to complete questionnaires or surveys. We use the information that you provide to administer the sweepstakes, contests, or surveys, to analyze results, to conduct research, to comply with legal requirements, to share information or offers we think may be of value or interest to you, and for other purposes as described in this Policy.

1.2 Personal Data We Collect Automatically

As you use our Services, some of your Personal Data are collected automatically. This Personal Data may include, but is not limited to, your internet protocol (“IP”) addresses; your device and browser type; your internet service provider (“ISP”); your operating systems; statistics on your activities through the Services, such as your login frequency or the length of time spent logged in; information about how you came to our Services; advertising metrics and links clicked within the Services; and/or information collected through cookies, web beacons, and other technologies as described below under “7. Cookies, Web Beacons, and Other Technologies”.

1.3 Personal Data We Collect From Third Parties

We may also collect Personal Data about you from third-party sources such as, though not limited to, event organizers, event timers, and other commercially and publicly available sources. For example, if you click through our Services to register for an event, the event organizer may provide us with your name, contact information, age, gender, and race time. The information we receive from third parties may be combined with the information we collect, including personally identifiable information that we collect about you.

You may also be able to choose to link your account with certain third party applications, such as Facebook or Google. When you link your account to one of these third party applications, we will request permission to access your basic information such as your name, profile picture, gender, networks, user ID, list of friends, and any other information you’ve made public on that application. For more information regarding linking your account with third party applications, please see “3.7 Third Party Applications” below.

1.4 Personal Data From Your Mobile Device

We may provide features that rely on the use of additional information on your mobile device or require access to certain services through your mobile device that will enhance your experience but are not required to use the Services. Granting us access to this information does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. Some Personal Data from your mobile device, such as your mobile device ID, your operation system, your mobile carrier, and your IP address, are collected automatically when you use our Services. When using our Services through your mobile device, we will request permission to obtain your current location to provide you with location- related services. In the “Settings” function on your phone, you will have the ability to manually permit or preclude us from recording your geolocation information for certain features of the Services.

2. How We Use the Personal Data We Collect

2.1 Your Account

We may use the Personal Data that we receive or collect about you for purposes such as to register your account for certain Services we provide, to communicate with you regarding our products or, to register you for events and provide event start lists and results, to help facilitate your participation in fund raising activities or charity events, to improve our Services by providing personalized experiences, location customization, personalized help and instructions, and for such other customer service purposes. We may obtain additional Personal Data about you to keep our records current.

Third parties should note that we may use information we receive or collect regarding users (including without limitation via an event registration page) in accordance with the terms of this Policy. In certain contexts, we collect information on behalf of third parties that is subject to contractual requirements that limit our ability to use and transfer your information in ways that are narrower than those in this Policy. In those limited circumstances, your information is subject to those contractual requirements and not to this Policy, and is subject to enforcement by the applicable third party. If your information is collected on behalf of a third party, it will be evident at the time that you provide such information. This Policy does not cover a third party’s use of your information outside of our Services. You will need to contact that party directly to determine if your information is subject to such limitations on uses and to determine how the third party will make use of your information.

2.2 Our Business Use

We may use the Personal Data that we receive or collect about you for internal business purposes such as helping us improve the content and functionality of our Services, to better understand our users and how they use our Services, to improve the Services we offer, to develop new features or services, to manage your account, to provide you with customer service, to help improve our security and prevent fraud, to comply with all legal obligations and rights, and to generally manage the Services and our business.

2.3 Communications and Marketing

We may use the Personal Data that we receive or collect about you for communications purposes such as to provide you with information you have requested to receive from us in response to your opt-in requests, to send you electronic communications regarding events, news and updates, newsletters, and promotions, to send you promotional or marketing materials via electronic communications, to provide you with offers for third party products and services, and to inform you of new changes or updates to our Services. We may also use your Personal Data for marketing and advertising purposes such as advertising our Services on third party websites and in displaying targeted content and advertisements to you on or off our Services. For further information regarding electronic communications, please see “5.3 Opting Out of Electronic Communications” below.

3. How We Disclose and Transfer Your Personal Data

3.1 Not Selling Your Personal Data

We consider your trust in us regarding your Personal Data to be an important part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are some circumstances, however, where we may disclose, transfer, or share your Personal Data with a third party without notice to you, as described below.

3.2 Business Transfers

There may come a time when we sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be considered part of the transferred assets. By using our Services, you acknowledge and agree that any successor to RaceYaya (or its assets) will continue to have the right to use your Personal Data in accordance with this Privacy Policy.

3.3 Parent Companies, Subsidiaries, and Affiliates

We may disclose, transfer, or share your Personal Data with our parent companies, subsidiaries, and/or affiliates for purposes according to this Privacy Policy. Any Personal Data disclosed, transferred, or shared with our parent companies, subsidiaries, and/or affiliates will be done so in a manner consistent with this Privacy Policy.

3.4 Contractors, Consultants, and Service Providers

We may disclose, transfer, or share your Personal Data with our contractors, consultants, and/or service providers who process Personal Data and/or perform certain business-related functions on behalf of RaceYaya. These companies may include, but are not limited to, marketing agencies, personal information processors, database service providers, backup and disaster recovery service providers, email service providers, and others. When we engage another company to perform such business-related functions that may require access to Personal Data, these companies will agree to maintain the confidentiality, security, and integrity of such Personal Data in accordance with this Privacy Policy. The access that these companies receive will be limited to such Personal Data needed to successfully complete the business- related function they have been engaged for.

3.5 Event Organizers

When you register for an event through an event page or through a page on our Services, we will provide the Personal Data entered on the applicable page to the event organizer. If an event has a charity fundraising component to it, your Personal Data may be provided to that charity as well. An event organizer may appoint a third party, which may or may not be affiliated with the event organizer, to create an event page on its behalf, in which case, that third party may also have access to your Personal Data. By using our Services to register for an event, you agree that RaceYaya is not responsible for the actions of these event organizers or the third parties that they use with regards to your Personal Data. It is important that you review the applicable privacy policies of the event organizers, and if applicable, that of their appointed third parties, before providing Personal Data or other information in connection with an event.

3.6 Marketing Partners

We may disclose, transfer, or share your Personal Data to third parties with whom we have marketing, promotional, or other advertising relationships. These third parties may use your information to market products and services We may combine the Personal Data that we collect about you with other information that we obtain from third parties. This information may be used to help us determine what advertisements to direct to you, to place on our websites, or where to advertise our Services. You have the ability to opt-out of certain uses of your information, as well as the ability to opt-in to receiving certain information from us and these third parties as discussed below in “5.3 Opting Out of Electronic Communications”. These third parties may also use cookies, JavaScript, web beacons, and other technologies to measure the effectiveness of their ads and to personalize advertising content. For further information about the use of third party technologies, please see “7. Cookies, Web Beacons, Etc.”.

We may share aggregate or anonymized information about users with third parties for marketing, advertising, research, or similar purposes. For example, if we display advertisements on behalf of a third party, we may share aggregate, demographic information with that third party about the users to whom we displayed the advertisements.

At times, our Services may contain links to other third party websites and services. Any access to and use of such linked websites is not governed by this Privacy Policy, but is governed by the privacy policies of those third party websites and services. We are not responsible for the information practices and policies of such third party websites and services.

3.7 Third Party Applications

Some of our Services allow you to connect your RaceYaya account to third party services, like Facebook or Google Mail for example, through Single Sign On authorization (“SSO”). If you choose to connect your account with a third party application, that third party application may have access to certain Personal Data including, but not limited to, your name, username, email address, location, and age. Connecting your account may also allow a third party application to collect your IP address, which page(s) you are visiting on our Services, and may set a cookie for its feature(s) to function properly.

Additionally, that third party application may share some of your Personal Data on its service with RaceYaya, and your interactions with it on our Services may be shared with others within your social network. Depending on the application, your ability to adjust your account settings and the sharing of your Personal Data may reside in our Services or within the third party application. Please be aware that your ability to use SSO with third party applications may be impacted and/or prevented by any limitations you set with your Personal Data.

A third party application’s use of information collected from you (or as authorized by you) is governed by the third party application’s Privacy Policy and your settings on its service, and that RaceYaya’ use of such information is governed by this Privacy Policy and your RaceYaya account settings. RaceYaya is not responsible for the collection and use of your information by third party applications.

3.8 Legal Requirements

We may disclose, transfer, or share your Personal Data if required to do so by law or in order to respond to a subpoena or request from law enforcement agencies or courts, or to good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect or defend our rights, interests, or property, or that of third parties, (iii) prevent or investigate possible wrongdoing in connection with our Services, (iv) act in urgent circumstances to protect the personal safety of users of our Services or the public, or (v) protect against legal liability.

4. How We Secure Your Personal Data

We take your security seriously and strive to take reasonable steps to protect your information. No data transmission over the internet or information storage technology can be guaranteed to be 100% secure. Although we continue to evaluate and implement enhancements in security technology and practices, we can only implement measures and take steps to help reduce the risks of unauthorized access. You are also advised to take steps to protect your information and further minimize the likelihood that a security incident may occur.

The following is a summary of the measures we take to protect the Personal Data you provide us and an explanation on how we implement these measures:

4.1 Secure Socket Layer

We use Secure Socket Layer (“SSL”) encryption when transmitting certain kinds of information, such as payment information or Personal Data. An icon resembling a padlock is displayed in most browsers’ window or address bar during SSL transactions. For example, any time we ask for a credit card number for payment or for verification purposes, it will be SSL encrypted in its transmission to our third party payment gateway, Authorize.net, Dragonpay or Paypal. The information you provide will be stored securely on Authorize.net, Dragonpay or Paypal services. Once you choose to store or enter your credit card number in our Services, it will not be displayed back in its entirety. Instead of the entire number combination, you will only see asterisks and either the first four digits or the last four digits of your credit card number.

4.2 Secure Storage

We maintain reasonable physical, electronic, and procedural safeguards that comply with Philippine laws and regulations, and with International Privacy Policies to protect personal information about you.

4.3 Vendors and Partners

We work with vendors and partners to protect the security and privacy of user information. Our Services are hosted on a secure server which has its own procedures and controls to ensure data security.

4.4 Personnel and Contractor Access to Personal Data

We limit access to personal information to trained personnel who will or might come into contact with said information in the course of providing our products and services.

5. Choices You Have Regarding Your Personal Data

5.1 Accessing, Updating, Correcting, or Deleting Your Personal Data

Upon request, we will provide you with information about whether we maintain or process on behalf of a third party, any of your Personal Data. If your personal information changes, the Personal Data we collected about you is inaccurate, or if you wish to no longer use our services, you may also request that your Personal Data be corrected, amended, or deleted. Requests for access to your Personal Data and to have it corrected, amended, or deleted should be sent to [email protected] or to the mailing address provided under “Contact Us”. We will try to meet all requests regarding Personal Data, however, you may not be able to remove your personal information from archived web pages we no longer maintain, such as your name and race time from past events you’ve competed in. If we are unable to complete your access request, we will let you know we are unable to do so and why. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

If your information has been shared with a third party, as described above, then that third party has received their own copy of your data. If you have been contacted by one of these third parties and you wish to correct or request deletion of your information, please contact them directly.

5.2 Limiting the Personal Data You Provide

You can browse our Services without providing any Personal Data (other than data automatically collected to the extent it is considered Personal Data under applicable laws) or by limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services.

5.3 Opting Out of Electronic Communications

RaceYaya may send you electronic communications marketing or advertising our Services or events. When you sign up and use our Services, you will be given the option to sign up for “RaceYaya News and Updates” and “Partner Offers” from us or other third parties. If at any time you would like to stop receiving the information that you have requested to receive from us, you may follow the opt-out instructions contained in any such electronic communication. Additionally, you may also manage your email preferences at any time through your account.

If you opt-out of receiving emails or promotions from us, we may still send you emails about your account or any Services you have requested or received from us, or for other customer services purposes. In addition, you may still receive emails sent by third parties through means other than our Services. If you opt-out of receiving information related to a particular event, you may still receive RaceYaya communications or communications from other organizers whose events you have attended, are registered to attend, or who have otherwise obtained your email address. You may have to unsubscribe from multiple emails before you stop receiving all communications related to events for which you registered through our Services.

Please be aware that you cannot unsubscribe from update communications about our Services unless you deactivate your account. If you wish to close your account, please email [email protected] Even after you opt-out of all communications, we will retain your Personal Data in accordance with this Privacy Policy, as provided under “6. Retention of Your Personal Data”, though we will no longer use it to contact you. However, third parties who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies. You will need to contact those third parties in order to have your information deleted from their records as well. If you wish to not have your Personal Data shared with third parties for the creation and display of targeted advertisements, you will need to close your account. You can do so by emailing us at [email protected]

5.4 Social Media Notifications

If you connect a third party application through SSO or sign up for other social media integrations, you may receive social notifications from these additional services or from RaceYaya’s Services. You can manage these social notifications by toggling your social settings to private or disconnecting such integration. For more information regarding connection of third party applications, see “3.7 Third Party Applications”.

6. Retention of Your Personal Data

We may retain your Personal Data as long as you are registered to use our Services. You may close your account by contacting us by email at [email protected] or by mail at the address listed under “13. Contact Us”. However, please be aware that we may retain Personal Data for an additional period as required under applicable laws. After we delete your Personal Data, it may exist on backup or archival media or servers for an additional period of time for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.

7. Cookies, Web Beacons, Etc.

7.1 What Cookies and Web Beacons Are

Cookies are small data files placed onto your computer or mobile device when you visit a website which allows our Services to distinguish you from other users, allow the Services to work properly, as well as to help monitor advertising effectiveness.

Web beacons work similar to cookies, however, instead of a file stored on your computer, web beacons are embedded invisibly on web pages.

We use cookies, web beacons, tags, and other similar tracking technologies to track when you visit our websites and mobile applications (collectively, “Cookies”). We also allow third parties to place Cookies on our Services to assist with advertising.

7.2 How We Use Cookies

There are several reasons we use Cookies on our Services. Some of these Cookies are necessary for technical reasons and help our Services to operate as intended for your benefit (“Essential Cookies”), such as access to secure areas of the Services. Other types of Cookies are used for analytical purposes such as how our Services are being used, the effectiveness of advertising shown as you use the Services, and to customize advertising to you (“Analytical Cookies”). While these types of Cookie help us create new features, improve on our existing Services, and provide advertisements of interest to you, our Services can function without them.

7.3 Controlling Cookies

You have the right to decide whether to accept or reject Cookies. You can exercise your Cookie preferences by activating the setting on your web browser that allows you to refuse the setting of all or some Cookies. However, if you use your browser settings to block all cookies (including Essential Cookies), you may not be able to access or use all or parts of our Services. If you have not adjusted your browser setting so that it will refuse cookies, our system will issue Cookies as soon as you visit our Services. Blocking or deleting Cookies will not prevent device identification and related data collection from occurring when you access our Services. Turning off Analytical

Cookies will prevent their ability to measure the relevance and effectiveness of our Services, emails, and advertising as well as to show you tailored advertising, however this does not mean you will no longer see any advertisements when you use our Services.

8. Children

Users under the age of eighteen should use the website with adult supervision, including registration for an event. If you are aware of a user under the age of eighteen (18) who has provided Personal Data through our Services, please contact us at [email protected] Parents and legal guardians may choose to provide information about their children, even if under the age of eighteen (18), for the purposes of event registration on our Services. Please be aware that the results of all events, including name, age, gender, and results time, are made publicly available and published online after an event’s completion.

10. Terms of Use

Your use of our Services, as well as any dispute over privacy, is subject to this Privacy Policy and our Terms of Service, available at ADD LINK TO OAGE HEREA and incorporated by reference here.

11. Exclusions

11.1 Personal Data Provided to Others

This Privacy Policy does not apply to any Personal Data that you provide to another user or visitor through the Services or through any other means, including those provided to organizers on event pages or information posted by you to any public areas of the services.

11.2 Third Party Links

This Privacy Policy applies only to the Services we offer. The Services may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

11.3 Aggregated Personal Data

In an ongoing effort to better understand and serve the users of our Services, we often conduct research on our customer demographics, interests, and behavior based on Personal Data and other information that we have collected. This research may be compiled and analyzed on an aggregate basis. Please note that this aggregate information does not identify you personally and we therefore consider and treat this data as Non-Personal Data.

12. Changes to This Privacy Policy

RaceYaya reserves the right to update or modify this Privacy Policy at any time. If we make changes to this Privacy Policy, we will post the revised Privacy Policy to our website with a changed “Last Updated” date at the top of this Privacy Policy. All changes are effective 30 days after posting. Your continued use of Services following the effectiveness of any changes constitutes acceptance of those changes. If you do not agree with any of the changes to the Privacy Policy, you should cease accessing, browsing, or otherwise using of the Services we provide, and close your account by emailing us at [email protected]

13. Contact Us

We regularly review our practices regarding Personal Data and this Privacy Policy. If you have questions, comments, or concerns about this Privacy Policy, please contact us at:

  1. By email at [email protected]
  2. By mail at:
  • ATTN:
  • Runfitness Marketing, Inc.
  • 67 Valenzuela St., San Juan City
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