Terms of Use and Disclaimer of Warranties and Liabilities

Acceptance of Terms

Welcome to the services offered by the software application RaceFinder for mobile devices (the “App”) and the website, http://www.racefinder.hk (together with the App known as “RaceFinder”). The following are the Terms of Use regarding the use of RaceFinder. We may, at our discretion and at any time without notice to you, modify or revise these Terms of Use. Such modifications or revisions shall be effective immediately upon posting on /terms-of-use and shall replace the relevant Terms of Use which were subject to modifications or revisions. Any use of RaceFinder by you constitutes your agreement to be bound by any modifications or revisions and any guidelines or regulations which may be posted from time to time. Those guidelines and regulations shall form part of the Terms of Use for your use of RaceFinder.

Description of Use

RaceFinder provides users with information about sporting events with a focus on running, including road races and trail races (the “Services”). Runners can explore and review past races and search for upcoming races happening in Hong Kong. Users can sign up for a user account for free and create a user profile. Once a user account is created, users can start following races posted on the Services and save them to their profile. New features that allow users to engage with other registered users and race organizers will be added from time to time. Race organizers of commercial running races and running clubs can make use of the Services’ intuitive race creation and management tools to post and promote race events. Prospective race organizers and running clubs need to first sign up as individual users before they can upgrade their accounts to create running races.

You understand and agree that the Services may include advertisements and that these advertisements are necessary for the provision of the Services by RaceFinder. You also understand and agree that the Services might include some communications like service postings and administrative messages issued through RaceFinder, and those communications shall form part of the Services. Unless otherwise provided, any new functions or enhancements to the Services shall be subject to these Terms of Use. You understand and agree that the Services are provided to you on an “as is” basis. RaceFinder disclaims any liability as a result of any non-performance, deletion, transmission error, or failure of storage of any communication or personalized settings. RaceFinder reserves the right to deactivate any or all of the Services without prior notice to carry out repairs, system maintenance, upgrades, or any other works it deems appropriate. You shall be solely responsible for obtaining the Services and all related expenses charged by third parties (e.g., Internet service providers or charges on a consumption basis) including charges for transmitting any advertisement displays. You shall also be responsible for obtaining all the equipment and instruments necessary for access to and use of the Services and all charges and expenses related thereto.

Please be aware that certain areas of the Services may contain mature content. You must be at least 18 years of age to access and view such areas.

Your Registration Obligations

In consideration of your use of the Services, you agree to: (1) not apply for multiple membership accounts, with each member holding only one account; (2) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form (“Registration Data”); and (3) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if RaceFinder has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, RaceFinder has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). RaceFinder is very concerned with the safety and privacy of all users, particularly children.

Privacy Policy

You must agree and abide by the terms and conditions of the Privacy Policy to use the Services. The Privacy Policy is designed to protect your personal information and that of other users. For more information, please refer to RaceFinder’s Privacy Policy Statement at: /privacy-policy.

Member Account, Password, and Security

You will receive a password and account designation upon completing the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify RaceFinder of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. RaceFinder cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

User’s Conduct

You understand and confirm that the third-party content provider shall be solely responsible for their information, data, text, software, music, sound, photographs, graphics, video, news, or other contents (“the Contents”) submitted, whether posted publicly or transmitted privately, and RaceFinder takes no responsibility therefor. You, and not RaceFinder, shall be solely responsible for all the Contents uploaded, posted, delivered by email, or transmitted through the Services. RaceFinder cannot control the Contents posted through the Services and does not guarantee the accuracy, integrity, or quality of the Contents. You understand that by using the Services, you may be exposed to Contents that may be unpleasant, improper, or disgusting. In no circumstances shall RaceFinder have any responsibility for the Contents, including but not limited to any mistake or omission of the Contents or any loss or damage whatsoever as a result of posting, email delivery, or transmission of the Contents through the Services.

You agree and undertake not to use the Services for any of the following purposes:

1. To upload, display, send, email, or transmit any Contents which may be illegal, damaging, threatening, abusive, harassing, defamatory, obscene, indecent, immoral, privacy infringing, race and sex discriminating, or unlawful;

1. To cause damage to any person or entity by any means;

1. To falsely claim to be any person or entity including but not limited to the publisher or the administrator of RaceFinder, the leader or host of RaceFinder, or misrepresent your relationship with any person or entity by fraudulent, dishonest, or improper means;

1. To falsely make a headline or take control of identifiable information by any means in order to mislead the origin of any Contents transmitted through the Services;

1. To upload, display, or transmit any Contents unauthorized by any law or trust or confidentiality (e.g., internal information or patented or confidential information disclosed or obtained as a result of employment relationships and confidential contracts);

1. To upload, display, or transmit any Contents that may infringe any patent, trademark, business privacy, copyright, or other intellectual property rights of any persons;

1. To upload, display, or transmit any advertising, promotion, sales information, junk mails, spamming, chain letters, direct sales, or other inducing materials;

1. To upload, display, send email, or transmit any Contents that contain viruses including but not limited to Trojan Horses, worms, time bombs, cancelbots, or other computer codes, files, or programs to interfere with, disrupt, or restrict any computer software, hardware, or communication appliances;

1. To disrupt normal flow of dialogues, cause the screen to flash, cause other users to be unable to type or transmit messages, or defer or cause any negative effect to the capability of instant communication among other users;

1. To interfere with or disrupt the Services or the server and network connected for the Services or irregulate the same with its specifications, procedures, policy, or regulations;

1. To breach any applicable local, national, or international law and regulations and other rules with legal force whether intentionally or unintentionally;

1. To track or interfere with other persons by any means;

1. To collect or store personal information of other users;

1. To organize or promote illegal activities; and

1. To transfer or exchange the Services with any third party for money or otherwise.
   
   RaceFinder disclaims any liability in terms of the accuracy, integrity, and legality of any Contents. All comments, opinions, and expressions posted on RaceFinder represent the individual comments, opinions, and expressions of the particular users, not RaceFinder’s. As RaceFinder is subject to the restriction of an instant upload system specification, RaceFinder cannot examine and monitor all comments, opinions, and expressions posted on RaceFinder. You should inform us by email to report any problems concerning the same.
   
   You understand and agree that RaceFinder may store or disclose any Contents it deems fit and appropriate in order to: (1) comply with any legal or prescribed requirements or legal proceedings; (2) execute and give effect to the Terms of Use; (3) reply to any allegations and claims made by any infringed third parties; (4) protect the interests, property, and security of RaceFinder, other users, and the general public.
   
   You understand that the Services, including the Contents submitted by you, may be modified or changed as a result of (1) different specifications of individual networks and (2) settings in the transmission process.

Warnings to International Usage

You understand there are no boundary restrictions on the network. You also agree to comply with all applicable regulations governing Internet activities and the applicability of the Contents. You in particular agree to comply with relevant laws regarding personal data or data transmission in Hong Kong, your country or area of residence, or the country from and to which the information was transferred.

Public Information Posted on RaceFinder

1. For the purpose of the Terms of Use, “Public Forum” refers to the forum open to the public like the open area of the Services including the race comparison platform.

1. By submitting any Contents through any other open area of the Services, you grant RaceFinder a worldwide royalty-free, permanent, irrevocable, non-exclusive licence to use, reproduce, modify, edit, adapt, publish, translate, or create works from the Contents and the rights to distribute, demonstrate, and display any or all the Contents and/or the right to adopt, insert, or make use of the Contents with other works by present or undeveloped means, media, or technology.

Indemnity

You agree to indemnify and hold RaceFinder and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify, or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms of Use, or your violation of any rights of another person.

Disclaimer of Warranties and Liabilities

The Services and all information, products, and other content (including third-party information, products, and content) included in or accessible from the Services are provided on an "as is" basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, RaceFinder disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. RaceFinder does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. RaceFinder does not make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information, products, or services provided through the Services.

Disclaimer for Race Information

Race information displayed on the Services is collected from various open sources or provided by respective race organizers. We have not verified the information and will not take any responsibility for the accuracy or any legal issues related to the contents. We have no connections with the relevant race organizers unless we state otherwise. If you have any questions about a race, please contact the relevant race organizer directly.

In no event shall RaceFinder, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of or inability to use the Services, whether based on contract, tort, strict liability, or otherwise, even if RaceFinder has been advised of the possibility of such damages. In no event shall RaceFinder's liability to you for any damages, losses, or causes of action exceed the amount paid by you, if any, for accessing the Services.

General Information

These Terms of Use constitute the entire agreement between you and RaceFinder and govern your use of the Services, superseding any prior agreements between you and RaceFinder. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. The Terms of Use and the relationship between you and RaceFinder shall be governed by the laws of Hong Kong without regard to its conflict of law provisions. You and RaceFinder agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong. The failure of RaceFinder to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

By using the Services, you acknowledge that you have read these Terms of Use and agree to be bound by them. If you do not agree to these Terms of Use, please do not use the Services.