Terms of Use

Welcome to Racery! Racery is a virtual race platform maintained and operated by Pressflex LLC through its websites located at www.racery.com and www.runwme.com (the “Sites”) and its Racery mobile application (the “App”). The platform and and related services available through the Sites and App are collectively referred to in these Terms as the “Service”. Users of the Service include visitors to the Site, users registering for and participating in Race events (which may be referred to herein as “Participants”), Race Sponsors and Contributors, each of which may be referred to herein as “You” or “User”.

By browsing the Site, registering for the Service or a virtual race offered through the Service (each a “Race”), downloading or using the App or otherwise using the Service, you agree to be bound by these Terms of Use (“Terms”), which may be updated by Pressflex from time to time without notice, so you should review these Terms from time to time to ensure your continuing agreement with our current Terms. If you do not agree with these Terms, you are not permitted and should not use the Service.

Eligibility. The Service is not designed or intended for use by children under 13 years old. By using the Service, you represent that you are at least 18 years old and have reviewed and agree to the Terms, or, if you are between ages 13 and 18, then you may only use the Service with the consent of your parent or guardian who must agree to these Terms. If you are a parent or guardian agreeing to the Terms for a child over 13, then you represent that you have reviewed and agree to the Terms and accept full responsibility for your child’s use of the Service.

Assumption of Risk. The Service promotes participation in various forms of physical activity, including running, cycling, walking, swimming, rowing or other Race activities. By using the Service, you assume all risks involved in participation in the Races and represent that you are physically fit and able to participate in the physical activities associated with any Race. You are solely responsible for determining your ability to participate in any Race activity.

User Content

To register for and use the Service, you must provide certain basic personal information such as an email address and, if registering for a medal or “bling’ race, your mailing address. Additionally, you may provide a user name and furnish other personal information, including photographs, for your Bio, on the messageboards, when logging your miles, or through other functions offered on the Service. All information, comments, text, pictures or other materials you may post, share or provide on or through the Service is referred to as “User Content”.

You understand and agree that User Content may be made publicly accessible through the Service, including on Race maps. Race maps (which may include your user name, photo or other User Content) are posted on the publicly viewable pages of our Site(s) and App. Such User Content may also be shown on other websites accessible to the public and may be shared on various social networking services (such as Facebook, Twitter, Instagram, and Tumblr (“Social Networks”)), or by email sent through or associated with the Service, by us or by other Users. Your participation in a Race means that your user name, distance logs, race achievements, and any other User Content you have provided can be viewed and shared by others. Please do not include any personal information or other information or material in your User Content unless you wish for it to be publicly disclosed.

You agree that you will not post, share or provide any User Content that is unlawful, abusive, invasive of any other person’s rights, including privacy or publicity rights, misrepresentative (including by posting false Race data), infringing, harassing or threatening, promoting or advertising for sale any products or services, or otherwise objectionable. You will not use any User Content posted by any other person for any purpose other than in connection with your use of the Service, and you specifically agree that you will not collect, harvest or collect personal information about other users (including email addresses) including for the purposes of sending or supporting unwanted email or other communications (“spam”). Pressflex has the right, but not obligation, to review, modify, post, or remove any User Content in its sole discretion. We may store User Content indefinitely, whether or not such content is removed from public display.

You may post User Content from the Service to various Social Networks. You are solely responsible for all such activities. We will not be liable for any damage resulting from your use or other Users use of, or the sharing of User Content on, any Social Networks. You further understand that if you share User Content on any Social Networks, such shared content will be subject to the policies of such Social Networks.

You will retain ownership of your User Content. By providing your User Content, you hereby grant to us a royalty-free, worldwide, perpetual, irrevocable, sublicensable right and license to use, reproduce, adapt, create derivative works of, distribute, publish and display your User Content for provision of the Service and for Racery promotional and marketing purposes, including posting on Racery Social Network accounts and in sales pitches, blog posts, press releases, news stories and advertisements. You hereby represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

We will use reasonable efforts to remove your User Content from public display on the Service at your request; provided, however, that you understand and agree that certain User Content associated with Races in which you have participated may still be used by Racery and made available on an anonymized basis. For example, your race stats, contributions, leaderboard standings and other information regarding Races will have the User identity masked but will not be removed. You understand that we can’t guarantee that all User Content will be anonymized or removed from the Service or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, Social Networks, or in any other form. Once your User Content is displayed on the Service or shared with others, through the Service or otherwise, we cannot control how others may use or disclose such information.

User Responsibilities

You are responsible for your use of the Service, for any User Content you post to the Service, for your sharing of any User Content and for any consequences thereof. You understand that the Service is provided for personal use only. You shall not use the Service for any unlawful purpose.

You are responsible for safeguarding your Racery account and your email on file with Racery and for any activities on the Service made under your Racery account or from your email address. We try to use reasonable security measures to protect against unauthorized access to or use of non-public personal information on our systems, but we cannot guarantee the security of the personal information you provide. You agree to accept all risks of unauthorized access to your Race profile(s) and User Content, including personal information.

You are responsible for determining whether participating in a Race or posting User Content on the Service or any sharing of User Content will affect your eligibility to participate in any sport or other event under the applicable rules of any sports tournament or other event by any sports or other organization.

Users of the Service may connect with other users of the Service, including as part of a virtual race or a virtual team. We make no representations regarding the identity or abilities of users of the Service, or regarding the accuracy, legality, or safety of User Content posted by others. You are solely responsible for, and hereby release us from any damages or losses resulting from, your online and offline interactions with other users of the Service. We do not represent that our Race maps are accurate or complete.

Registration Fees

Participants in some Racery races may be charged a registration fee. Registration fees are non-refundable. Registration fees are processed through Paypal or other payment provider as identified on the Service. Use of the Paypal or other payment service will be governed by Paypal’s or such other payment service provider’s customer agreement and Privacy Notice. Racery does not collect or store credit card or other payment account information. If you are participating in a Sponsored Race, please see information below.

Sponsored Races

The Service allows individuals and organizations (each a “Race Sponsor”) to use the Service to sponsor and promote customized Race events (“Sponsored Races”).

Sponsored Services. In connection with a Sponsored Race, we may provide the Race Sponsor with certain assistance for a Sponsored Race, including race creation and route mapping, participant registration, fundraising pages, distance and map updates, participant mileage and fundraising leaderboards, participant support, participant social networking, daily reporting, and awards (“Sponsor Services”). In consideration for such Sponsor Services and the use of the Service for the Sponsored Race, Race Sponsor agrees to pay a Sponsor Fee, which may include fixed upfront fees and a fee on each participant registered under the Sponsored Race (the “Sponsor Service Fee”).

In connection with a Sponsored Race and as part of the Sponsored Services, Racer may create a custom race route for that one-time event. Racery retains all rights to the custom route and may reuse such custom route for future Races; provided, however that Sponsor will have a limited time, exclusive use of the custom route during the Race Sponsor’s event.

Privacy Race Sponsors agree to provide opt-out instructions on emails sent to Participants (and Contributors to Fundraiser Races). Race Sponsors agree to use all personal information of any Participants or Contributors received from us, through the Service or otherwise in connection with the Sponsored Race or Fundraiser Race in accordance with the Racery Privacy Statement.

Sponsored Race Registration Fees Registration Fees for the Sponsored Race are set by the Race Sponsor (the “Sponsored Race Registration Fees”). The Sponsored Race Registration Fees are settled through Paypal Chained Payments and will be distributed directly by PayPal into Race Sponsor’s own Paypal account, net of Paypal processing fees and the Race Sponsor Service Fees, which will be paid from Race Sponsor’s Paypal account to Racery through Paypal Chained Payments. The Race Sponsor is responsible for Paypal processing fees, which are set by Paypal according to the terms of the Race Sponsor's agreement with Paypal. The Race Sponsor is responsible for any refunds, chargebacks or other payment reversals, which are deducted from the Race Sponsor’s Paypal account. The Race Sponsor agrees to keep adequate funds in its Paypal account to cover any chargebacks, which may occur months after the Sponsored Race has completed. Users agree that all payment disputes and chargebacks are between the user and the Race Sponsor and will be governed by the Paypal User Agreement. In no event shall we have any liability with respect to disputes, refunds or chargebacks relating to the Sponsored Race. Registration fee payments are processed when the registration process is completed, subject to Paypal’s User Agreement. Notwithstanding the foregoing, we may at any time change the payment provider service for the Service.

Taxes. The Race Sponsor will be responsible for all taxes based on their net income or gross receipts (if any).

Sponsor Content and Trademarks

In connection with the Race Sponsor’s use of the Service and the Sponsored Race, the Race Sponsor may provide to us certain content and information, including textual material, photographs, graphic materials, music, sound files, video, messages or other content and trade names, trademarks, logos and other branding elements, (“Sponsor Content”) for use in connection with the Sponsored Race. The Race Sponsor hereby represents and warrants that it owns or has full permission to use all Sponsor Content and to provide the Sponsor Content to us and grant the licenses herein.

The Race Sponsor retains ownership of the Sponsor Content. The Race Sponsor hereby grants us an irrevocable, non-exclusive, royalty-free, worldwide license and right to use, reproduce, adapt, distribute, publish and display the Sponsor Content as necessary or appropriate for the promotion and conduct of the Sponsored Race, including emails, and for the promotion and conduct of the Racery Service, including on Racery Social Network accounts and in sales pitches, blog posts, press releases, news stories and advertisements. We reserve the right to refuse to accept, post, display or transmit any Sponsor Content in our sole discretion. The Race Sponsor understands and agrees that we may remove or require removal of any Sponsor Content, including in the event of any dispute by a third party relating to our use of the Sponsor Content.

Indemnification

The Race Sponsor agrees to indemnify, defend and hold harmless Pressflex and its affiliates and their respective officers, directors, managers, members, employees and representatives from any third party claim, demand, action, suit, or proceeding, including all Pressflex losses, damages, liabilities and costs and expenses (including without limitation, attorneys’ fees) incurred in connection with any of the foregoing, due to or arising out of, or alleged to be due to, Race Sponsor’s use of the Service or sponsorship, promotion or conduct of a Sponsored Race, including any Sponsor Content and with respect to use of any personal information of any Participant or Contributor received by Race Sponsor or the proceeds or contributions received by the Race Sponsor in connection with the Sponsored Race. Sponsor’s indemnification obligations shall survive termination or expiration of these terms.

Fundraiser Races

A “Fundraiser Race” is a Race that is organized by a Race Sponsor in order to raise money from Participants or Contributors for a specified cause or organization (the “Cause”). The Cause may be for the benefit of the Race Sponsor or a third party organization to which the Race Sponsor will contribute. Participants in a Fundraiser Race can set up and share their Racery fundraising page with friends, family and other third parties (“Contributors”) to encourage contributions for the Fundraiser Race. Contributors may visit Participant fundraising pages and make a contribution.

Fundraiser Race Sponsors

By starting a Fundraiser Race and in addition to the other terms herein, including for Sponsored Races, the Race Sponsor understands and accepts the following terms:

Authority: If you are the individual creating a Fundraiser Race, you represent and warrant that you: (a) are the authorized representative of the Race Sponsor with the authority: (i) to bind the Race Sponsor to the terms of this Agreement, and (ii) to solicit contributions for the Cause. If the Cause is a third party, you represent that you or the Race Sponsor is authorized to fundraise on behalf of the Cause and that the funds raised through the Fundraiser Race will be paid to the Cause as described by you.

Fundraising for Third Party Causes: Race Sponsor will make payment to the Cause of contributions received, net of Paypal fees, refunds and chargebacks, within 10 business days after the Fundraiser Race has ended. You represent and warrant that all registration fees, contributions and donations received through use of the Service and in connection with the Sponsored Race will be used solely for the purpose stated by you in connection with the Fundraiser Race.

NonProfit Status: If Race Sponsor is soliciting donations and contributions as a non-profit entity, you represent and warrant that you have and will maintain current tax-exempt status under section 501(c)(3) of the Internal Revenue Code.

Disclaimer: In addition to the Sponsor Services set forth above, we will work with each Race Sponsor to create the Fundraiser Race to maximize the success of the Fundraiser Race. However, Pressflex makes no representations and warranties about the actual funds Race Sponsor will receive. Race Sponsor understands that we may cancel or terminate any Fundraiser Race, at any time, with or without notice. Race Sponsor further understands that Participants are not required to participate and may terminate participation in a Fundraiser Race at any time. While the Service is intended to motivate Participants and Contributors, the Race Sponsor recognizes that the success of any fundraising effort, including the Fundraiser Races, depends entirely on the Race Sponsor to promote the effort to its stakeholders, social media and the press.

To start a Fundraiser Race, contact us at team@racery.com.

Participating in a Fundraiser Race.

A Participant will register to join a Fundraiser Race through the Service. During a Fundraiser Race, Participants submit their distances run, walked or biked (or whatever form of activity) through the Service to the Fundraiser Race webpage and are able to request contributions from family, friends and other third parties. The contribution is a fixed dollar amount set by the Contributor.

Contributors

A Contributor who uses the Service to contribute to the Cause on a Race Sponsor fundraising page as part of a Fundraiser Race is not required to register as a Participant and these Fundraiser Race Terms shall govern your use of the Service and the Fundraiser Race. Contributors will be asked to supply certain personal information in connection with their Contribution. This may include Contributor’s name, and certain contact information. Certain information (user name, etc.) may be accessible and visible to the public on the Fundraiser Race and/or Participant’s fundraising pages and each Contributor hereby grants us the right to use such information for the purposes of conducting the Fundraiser Race and providing the Service. See our Privacy Policy for more information on how we handle personal information received through the Service.

Disclaimer

Each Participant and Contributor expressly acknowledges and agrees that Pressflex does not pick, endorse, assess or otherwise investigate any Race Sponsor or Cause. The Service is provided as a platform for third party organizations, entities and individuals to raise money for their causes. Pressflex does not and will not be deemed by provision of the Service or Sponsor Services to be engaged in solicitation of donations for any Race Sponsor or Cause.

Registration Fees and Contributions

Registration Fees and Contributions are made to the Race Sponsor and paid as described above (Sponsored Race Fees). These Registration Fees and Contributions are non-refundable. Contributions are processed when the Contribution is made through the Service. Each Contribution is made as an unrestricted gift. Racery makes no representation as to whether all or any portion of a Contribution, including, if any, processing fees, are tax deductible. If the Race Sponsor is a 501(c)3 charitable organization, the Race Sponsor is solely responsible for issuing donation receipts with tax deduction eligibility information. Contributors should consult their tax advisor as to the tax consequences of any donation. Each Participant and Contributor acknowledges that Pressflex does not control the distribution or use of the Registration Fees or Contributions and that the Race Sponsor is solely responsible for how it distribute or uses such funds. Racery shall have no liability with respect to the distribution or use of Registration Fees or Contributions collected by the Race Sponsor. See more information at Sponsored Race Fees above.

Ownership of the Service

All rights in and to the Service, including the Sites, the App, the Site Content and the software underlying the Service, including all intellectual property rights therein, shall be the sole and exclusive property of Pressflex LLC. We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service, including the software that is provided as part of the Service, for the sole purpose of enabling you to use and enjoy the benefit of the Service in the manner permitted by these Terms. You are not permitted to license, sublicense, copy, modify, create derivative works of, distribute, display, republish, store or transmit the Service, the software underlying the Service or any Site Content without our prior written consent. Your feedback, comments and suggestions on the Service (“Feedback”) are welcome but entirely voluntary. You agree that Pressflex shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Feedback.

Privacy

We respect your privacy and do not sell or disclose your personal information to others for their direct marketing purposes unless you consent or as otherwise described in our Privacy Policy.

Email Communications; Sponsor Products

When you use the Service or send emails to us, you are communicating with us electronically and consent to receive electronic communications related to your use of the Service. Users of the Service may receive email communications, promotions and offers from Race Sponsors, which may include Races in which you are participating and those you are not. By registered for the Service or participating in a Race, you agree to receive these email communications. If you wish to end your participation in a Race or remove your email address from our communications list, please contact us. You are solely responsible for any participation in a Race Sponsor promotion or offer, and if you purchase any products or services from a Race Sponsor or other advertiser on any of the Sites, you understand that you are dealing directly with the Sponsor or other third party advertiser and that we have no responsibility or liability for any products or services you may purchase from Race Sponsors, advertisers or other third parties you learn about or contact by reason of promotion on the Service or your participation in any Races or use of the Service. If you provide your email or other information to a Race Sponsor in connection with a Contribution, registration or other use of the Service, use of such information by the Race Sponsor will be determined by the privacy and other policies of such Race Sponsor.

Termination

We have the right to terminate or suspend your use of the Service, including your participation in or sponsorship of Races, at any time with or without prior notice. You may terminate your use of the Service or participation in any Race at any time by ceasing to use the Service. We may modify or cease to provide the Service, any part of the Service or any Race, at any time with or without notice.

No Warranty or Liability

Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content we provide (including maps, graphics, text, data, video, audio, photographs, tags or other materials (“Site Content”) or any Sponsor Content or other User Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, any Site Content, Sponsor Content or any other User Content; (iii) the deletion of, or the failure to store or to transmit, any of your (or any other user’s) User Content and other communications maintained by the Service; and (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Pressflex or through the Service, will create any warranty not expressly made herein.

Release; Indemnity

You expressly agree to release Pressflex LLC, its subsidiaries and affiliates and their respective managers, members, directors, officers, employees, partners and third party service providers (the “Released Parties”), from any and all liability connected with your participation in any Races and your use of the Service. YOU EXPRESSLY AGREE TO RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN OR SPONSORHIP OF A RACE AND ANY PHYSICAL ACTIVITIES), AND PROMISE NOT TO SUE ANY OF THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DEATH, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN ANY RACE OR PHYSICAL ACTIVITIES).

You hereby agree to indemnify, defend and hold harmless Pressflex and its affiliates and their respective officers, directors, members, managers, employees and representatives from any third party claim, demand, action, suit, or proceeding, including all losses, damages, liabilities and costs and expenses (including without limitation, attorneys’ fees) incurred in connection with any of the foregoing, due to or arising out of, or alleged to be due to, your use of the Service, including any User Content. These indemnification obligations shall survive termination or expiration of these terms.

Limitation of Liability.

YOU ALSO AGREE THAT IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE SERVICE, (B) YOUR ENGAGEMENT OR PARTICIPATION IN ANY RACE OR ANY ATHLETIC ACTIVITIES ASSOCIATED WITH A RACE, (C) YOUR DEALINGS WITH OTHER USERS OR THIRD PARTY SERVICE PROVIDERS, SPONSORS, PARTICIPANTS, CONTRIBUTORS OR ADVERTISERS PROMOTED OR AVAILABLE THROUGH THE SERVICE, OR (D) OTHERWISE ARISING IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT IN NO EVENT WILL PRESSFLEX OR ANY RELEASED PARTIES BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU TO PRESSFLEX IN CONNECTION WITH THE APPLICABLE RACE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE LIABILITY OF THE RELEASED PARTIES WILL BE LIMITED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. Any claim or cause of action which you may have relating to your use of the Service or these Terms must be brought within one year following the occurrence of the event resulting in the claim or action.

General

The Terms constitute the entire agreement between you and us with respect to your use of the Service. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Service. The Terms and the relationship between you and us is be governed by the laws of the state of North Carolina, and federal law as applicable, without regard to the conflict of law provisions of the state of North Carolina. You hereby agree that all and all disputes, actions, claims or causes of action related to this Agreement or the Service shall be brought only in the federal and state courts located in Durham, North Carolina.

Copyright Protection Policy

Racery responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. A valid takedown notice must contain the elements of notification required in Section 512(c) 3 of Title 17.

If you believe that your copyrighted work is being infringed on Racery, please notify our designated agent at:

Administrator: Tina Merrill E-Mail: copyright<AT>racery<DOT>com

Mail: P.O. Box 57, Durham, NC 27702

Racery expects all its users to comply with copyright and other intellectual property rights laws, and may terminate the account of repeat infringers.

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