Terms of Service
Last Updated: August 15, 2019
Welcome to SPORTABLE!
SPORTABLE provides technologies and services that enable athletes of all kinds to connect with each other, consolidate and report on their athletic information from multiple applications in one place, set goals, share with others their athletic accomplishments, build communities, share information about athletic events, and grow businesses. These Terms govern your use of SPORTABLE, and the other products, features, apps, services, technologies, and software we offer (the SPORTABLE products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by SPORTABLE, Inc.
We don't charge you to use SPORTABLE or the other products and services covered by these Terms. Instead, businesses and organizations pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.
We don't sell your personal data to advertisers, and we don't share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more.
1. The services we provide
Our mission is to connect people who view athletics such as running, biking, swimming, triathlons and other participant sports as a major part of their lives the power to build community and bring others who value the same closer together. To help advance this mission, we provide the Products and services described below to you:
Provide a personalized experience for you:
Your experience on SPORTABLE is unlike anyone else's: from the posts, activities, races, events, ads, and other content you see in News Feed or our video platform to the Pages you follow and other features you might use, such as Bucket List, Medal Rack, and Starting Line. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.
Connect you with people and organizations you care about:
We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the SPORTABLE Products you use. We use the data we have to make suggestions for you and others - for example, groups to join, events to attend, Pages to follow or send a message to, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.
Empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on SPORTABLE and to communicate with buddies, family, and others about what matters to you - for example, sharing activities you've completed, upcoming races, medals you've accomplished, photos, videos, and stories across the SPORTABLE Products you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile.
Help you discover content, products, and services that may interest you:
We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use SPORTABLE and other SPORTABLE Products. Section 2 below explains this in more detail.
Combat harmful conduct and protect and support our community:
People will only build community on SPORTABLE if they feel safe. We employ dedicated teams and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.
Use and develop advanced technologies to provide safe and functional services for everyone:
We develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
Research ways to make our services better:
We engage in research to develop, test, and improve our Products. This includes analyzing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features.
Enable global access to our services:
To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by SPORTABLE, Inc., or its affiliates.
2. How our services are funded
Instead of paying to use SPORTABLE and the other products and services we offer, by using the SPORTABLE Products covered by these Terms, you agree that we can show you ads that businesses and organizations pay us to promote on and off the SPORTABLE Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
Protecting people's privacy is central to how we've designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like running marathons). We then show their ad to people who might be interested.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off SPORTABLE. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a man between the ages of 39 and 44 who lives in Virginia Beach and likes vegan food) to help them better understand their audience. We don't share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. We collect and use your personal data in order to provide the services described above to you. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you.
3. Your commitments to SPORTABLE and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
1. Who can use SPORTABLE
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
- Use the same name that you use in everyday life.
- Provide accurate information about yourself.
- Create only one account (your own) and use your timeline for personal purposes.
- Not share your password, give access to your SPORTABLE account to others, or transfer your account to anyone else (without our permission).
We try to make SPORTABLE broadly available to everyone, but you cannot use SPORTABLE if:
- You are under 13 years old.
- You are a convicted sex offender.
- We've previously disabled your account for violations of our Terms or Policies.
- You are prohibited from receiving our products, services, or software under applicable laws.
2. What you can share and do on SPORTABLE
We want people to use SPORTABLE to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our Products to do or share anything:
- That violates these Terms, our Community Standards, and other terms and policies that apply to your use of SPORTABLE.
- That is unlawful, misleading, discriminatory or fraudulent.
- That infringes or violates someone else's rights, including their intellectual property rights.
- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
- You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove or restrict access to content that is in violation of these provisions.
If we remove content that you have shared in violation of our Community Standards, we'll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
3. The permissions you give us
We need certain permissions from you to provide our services:
Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on SPORTABLE. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services we need you to give us some legal permissions (known as a ‘license') to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on SPORTABLE, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other SPORTABLE Products you use. This license will end when your content is deleted from our systems.
You can delete content individually or all at once by deleting your account. You can download a copy of your data at any time before deleting your account. Should you wish to do so please email firstname.lastname@example.org.
When you delete content, it's no longer visible to other users, however it may continue to exist elsewhere on our systems where:
- immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
- your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
- where immediate deletion would restrict our ability to:
investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
- comply with a legal obligation, such as the preservation of evidence; or
- comply with a request of a judicial or administrative authority, law enforcement or a government agency;
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this license will continue until the content has been fully deleted.
Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on SPORTABLE next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on SPORTABLE. Ads like this can be seen only by people who have your permission to see the actions you've taken on SPORTABLE. Please review your Permission Settings for more information.
3. Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on SPORTABLE), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted with our prior written permission. Trademarks include the SPORTABLE name, specific colors and fonts of the SPORTABLE name, the SPORTABLE logo, and tagline "SHOW YOUR MEDAL". You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
4. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the SPORTABLE community, you can delete your account at any time.
2. Account suspension or termination
We want SPORTABLE to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.
Where we take such action we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
If you think we have disabled your account by mistake please email email@example.com.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.
3. Limits on liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the SPORTABLE Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the SPORTABLE Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the SPORTABLE Products ("claim"), you agree that it will be resolved exclusively in the U.S. District Court in the state of Delaware. You also agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim, and that the laws of the State of Delaware will govern these Terms and any claim, without regard to conflict of law provisions.
- These Terms make up the entire agreement between you and SPORTABLE, Inc. regarding your use of our Products. They supersede any prior agreements.
- Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
- These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
- We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- We reserve all rights not expressly granted to you.
5. Other terms and policies that may apply to you
The following can be provided upon request by emailing firstname.lastname@example.org
- Community Standards: These guidelines outline our standards regarding the content you post to SPORTABLE and your activity on SPORTABLE and other SPORTABLE Products.
- Commercial Terms: These terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.
- Advertising Policies: These policies specify what types of ad content are allowed by partners who advertise across the SPORTABLE Products.
- Self-Serve Ad Terms: These terms apply when you use self-serve advertising interfaces to create, submit, or deliver advertising or other commercial or sponsored activity or content.
- Pages, Groups, and Events Policy: These guidelines apply if you create or administer a SPORTABLE Page, group, or event, or if you use SPORTABLE to communicate or administer a promotion.
- SPORTABLE Platform Policy: These guidelines outline the policies that apply to your use of our Platform (for example, for developers or operators of a Platform application or website or if you use social plugins).
- Community Payment Terms: These terms apply to payments made on or through SPORTABLE.
- Commerce Policies: These guidelines outline the policies that apply when you offer products and services for sale on SPORTABLE.
- SPORTABLE Brand Resources: These guidelines outline the policies that apply to use of SPORTABLE trademarks, logos, and screenshots.
- Music Guidelines: These guidelines outline the policies that apply if you post or share content containing music on SPORTABLE.