Terms of use

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website located at www.liverunningsimulator.com (the “Site”) and the mobile application software known as “Live Running Simulator”.  These Terms are supplemented with our Privacy Policy (the “Policy”) and our other guidelines, terms and policies made available by us from time to time, all incorporated herein by reference.

The Site and Live Running Simulator are operated to you by the SIA “Intelligent Design” team.  As used herein, the terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to SIA “Intelligent Design” and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site and/or application Live Running Simulator, whether registered under an account or not.

Acceptance

If you continue to use Live Running Simulator and the Site, you hereby acknowledge and agree to be bound by and under these Terms, either by simple use or through a clickable action, such as the “I agree” button or otherwise.  These Terms, along with our Policy, will govern SIA “Intelligent Design” relationship with you in relation to any products and services offered thereby (collectively, the “Service(s)”).  Overall, your access to the Site and Live Running Simulator only offered for your individual use, and not for the use or benefit of any third party you may represent.

Live Running Simulator engages its users in physical activities and is not suited for persons with health problems.  Before using this app, please consult your physician about your physical condition and readiness to continuously run long distances at high speed.  Stop using this app immediately in case of unusual sensations in your body.  Please verify & choose your running route carefully, do not include vehicle roads or other traffic elements in your route.

Live Running Simulator may use significant amount of internet data, therefore, by using Live Running Simulator you acknowledge and accept the possibility that it may exceed your internet data plan and you are solely responsible for charges of the internet provider thereof, as well as you are solely responsible for following the conformity of internet data usage with your desired internet data consumption limit.

Updates

We reserve the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services, Live Running Simulator and the Site, at any time and without notice.  Any changes to these Terms will be displayed in the Site, and we may, but are not obliged to, notify you by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Account

In order to use part or all of the functionalities and Services provided via Live Running Simulator, you may need to register for an account.  You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential.  In order to register and create an account with us, you will need to provide your username, gender, Google ID (Google login), username, first name, last name, email ID, gender, Facebook ID, Facebook friends (Facebook login), email ID, password, gender (Email login), and in all cases GPS location (longitude, latitude).  You shall not disclose your user credentials to any third party.  If you suspect any unauthorized or fraudulent use of your account, please notify us immediately.  You must inform us of any changes to the information of your account.

App Store Terms

You hereby acknowledge and agree that these Terms are executed between Live Running Simulator and you, and not between Google Inc. or Apple Inc.  Henceforth, the license granted to you for Live Running Simulator is also limited to a non-transferable license to use Live Running Simulator on an authorized third party device activated product that you own or control, and as permitted by the terms of use set forth in the applicable app store.

SIA “Intelligent Design”, and not any such third party app store provider, shall be solely responsible for the Services and any and all content thereof.  Accordingly, we are solely responsible for providing any maintenance and support services with respect to Live Running Simulator, and neither Apple Inc. nor Google Inc. shall have any obligation whatsoever to furnish any maintenance and support services thereof.

To the extent these Terms provide for terms of use or licenses that are less restrictive than the terms of use set forth in the applicable app store, or that otherwise are in conflict with their respective of use, the more restrictive term shall govern.

In the event of any failure of Live Running Simulator to conform to any applicable warranty, you may notify Apple Inc. or Google Inc., and they may refund you the purchase price for our mobile application software (if any); and, to the maximum extent permitted by applicable law, neither Apple Inc. nor Google Inc. will have no other warranty obligation whatsoever with respect to Live Running Simulator, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

You hereby acknowledge and agree that Apple Inc. and Google Inc. (and their affiliates), are third party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions hereof, Apple Inc. and Google Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries.

By using Services, you accept and agree to these Terms. If you do not agree to the Terms, you are not authorized to use the Services. 

Tokens, Virtual Items

As you use Live Running Simulator, you may obtain a certain amount of virtual currency (the “Token(s)”) during gameplay. Tokens can never be sold, transferred, or exchanged for “real” goods, “real” money, or “real” services.

In-App Purchases.  You will also have the option to make in-app purchases.  Such purchase may entail a third party app store fee, and from the resulting total, we will convert such amount into Tokens or virtual items to be used and exchanged via our Services, upon the costs to be indicated by us from time to time.  You may not purchase, acquire or receive Tokens, virtual items or virtual currency from any third-party platform, exchange other mechanism, unless expressly authorized by us.

Exchange.  You will have the right to redeem your Tokens for selected virtual items.  The pricing, availability, characteristics, inventory, terms and conditions of such virtual item exchange shall be subject to change by us without notice, at our sole and final discretion.

No refunds.  Token and in-app purchases are not refundable, and with any executed purchase, you expressly waive any and all rights and claims you may have to cancel the purchase or get a refund.

No Transfer.  You may not trade or transfer your Tokens, virtual items or virtual currency to another individual or entity, unless such functionality is provided to you by us, whether inside Live Running Simulator or through the Site.  There will not be Token redemption or exchange for legal tender. 

Eligibility.  The purchase of Tokens, virtual items or virtual currency is limited to users with a valid account who are eighteen (18) years of age or older. 

General Token program terms.  No interest shall accrue on your Token balance.  If you do not use them (e.g. you forget to do so), your Tokens will accumulate in your account and will be held in escrow for up to twelve (12) months, counted from the date each exchange becomes initially awarded.  Accordingly, your Token exchange may become forfeit forever once it reaches such term.  You acknowledge and agree that you shall not receive or be entitled to any in rem rights or similar other legal interest into the Token exchange balance.   You can view your balance in your account on Live Running Simulator.

Termination.  We hereby reserve the right to offer, modify, eliminate, and/or terminate Tokens, virtual items, virtual currency, Live Running Simulator and/or the Services, or any portion thereof, including deletion of user data/records, at any time, without notice or liability to you.  We will provide you at least sixty days’ advance notice through the Site or Live Running Simulator or through other means.

Tax.  You will be responsible for complying with all tax obligations associated with your use of Live Running Simulator.  Tokens and virtual goods may only be purchased and held by legal residents of countries where access to and use of our Services is permitted.

User Compliance.  Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent actions and/or to accumulate Tokens, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without our responsibility.  If that becomes the case, all Tokens in your account and running data may become automatically forfeit. 

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site or Live Running Simulator in order to:

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or reimbursement on our part.

You are strictly prohibited to use/participate/compete in Live Running Simulator by the help of mechanical means (bicycle, motor vehicle) or use any other means or circumstances that unfairly enhances your ability to improve your natural running time.

Licenses

Live Running Simulator License. Live Running Simulator is the property of SIA “Intelligent Design” and still remain the property of SIA “Intelligent Design” after you have downloaded and installed it on your device. Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, royalty free, non-sublicensable, non-assignable, revocable, for all the world, limited right and license to install and execute Live Running Simulator, for your personal, non commercial use, for a limited term.  Your right to use the Live Running Simulator shall also be subject to these and all further Terms and conditions and any and all further term and conditions as set forth in the applicable third party app stores terms and conditions.

User Generated Content License.  You hereby grant us an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to us via our Services.  You represent and warrant that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to SIA “Intelligent Design” as set forth herein. hereby grant us an unlimited, non-exclusive, royalty-free, for all the world, right to publish/publicly share your running times/records, gender, username, Google username and Facebook name registered at Live Running Simulator within the context of use of Live Running Simulator.

Feedback License.  You hereby grant us an unlimited, non-exclusive, assignable, transferable, sub-licensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you regarding Live Running Simulator, the Site and our Services, and to otherwise exploit it.

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and in Live Running Simulator are the property of –or otherwise are licensed to– SIA “Intelligent Design” or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights.  Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.

Third party links and advertising

From time to time, our Site and Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites (or their products and services). 

From time to time, we may place ads and promotions from third party sources in the Site and/or Live Running Simulator.  Accordingly, your participation or undertakings in promotions of third parties other than Live Running Simulator, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  Live Running Simulator is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.

No Warranty

To the fullest extent permissible under applicable law, Live Running Simulator, the Services and the Site are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by Live Running Simulator, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you.  SIA “Intelligent Design”, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, adequacy, suitability, title, non-infringement and/or enjoyment.

Health Disclaimer

You bear sole responsibility for your own exercise, diet and healthcare decisions.  None of the products or recommendations from SIA “Intelligent Design” (if any) should be performed or otherwise undertook without previous clearance from your physician or health care provider.  During the use of Liver Running Simulator, please be aware of your surroundings and use safely.  You agree that your use of Live Running Simulator and use of any and all products therefrom is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using our Services.

The information contained within Live Running Simulator, Site is not intended to provide specific physical or mental health advice, nor the practice of the medical, pharmaceutical and/or the infirmary professions or any other medical advice whatsoever, for any individual or company, and should not be relied upon in that regard.  Neither SIA “Intelligent Design” nor its affiliates are medical professionals, their advice (if any) is not meant as a substitute for medical advice, no doctor-patient relationship arises between you and SIA “Intelligent Design”, and nothing on the Site and Liver Running Simulator should be misconstrued to mean otherwise.

Neither SIA “Intelligent Design” nor its employees, officers, affiliates are responsible for any injuries or health problems you may experience, or even death, as a result of use of Live Running Simulator or use of recommendations posted in Site and Live Running Simulator.  If you choose to use Live Running Simulator and follow its exercise programs (if any), you do so of your own free will and accord, knowingly and voluntarily accepting all risks associated with such activities.  Accordingly, you hereby acknowledge and agree that neither SIA “Intelligent Design” nor its employees, officers, affiliates have any obligation to review your mental and/physical health and/or status.

Within the meaning of this section “Health Disclaimer” the term Site shall also include the content in Live Running Simulator official social media posts.

Disclaimer of Damages

In no event shall SIA “Intelligent Design”, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of Live Running Simulator, the Services or the Site, including but not limited to, loss of revenue, profits, business; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related thereof, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not SIA “Intelligent Design”, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

In no event, shall SIA “Intelligent Design” ’s, or (if liability is applicable to) its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages exceed; (i) the actual price paid by you for the license and/or use of Live Running Simulator, the Site or our Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

Indemnification

Indemnification by You.  You shall indemnify, hold harmless, and defend SIA “Intelligent Design”, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Live Running Simulator’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Live Running Simulator’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by SIA “Intelligent Design”); and/or (ii) any third party claim arising out of or in relation to Live Running Simulator or the Site or use thereof in combination with your business platform, including without limitation, any claim that the Site violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Parental Notice

Live Running Simulator does not provide its Services to persons under the age of eighteen (18).  Users over the age of eighteen (18) can use the Site freely, but are otherwise prohibited from providing us with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.  All of our users are prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).  We reserve the right to request identification documents from any user, including documents indicating that a user’s parents or legal guardians have authorized its protected minor to use our Services.

Generals

Assignment. These terms will inure to the benefit of any successors of the parties.

Force Majeure. Live Running Simulator shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond SIA “Intelligent Design” ' reasonable control, including but not limiting to, electronic, power, mechanic, GPS or Internet failure.

No Waiver. Failure by SIA “Intelligent Design” to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and SIA “Intelligent Design” are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of these Terms will remain in full force and effect.

Payments. From time to time, we may use third-party payment processors in order to bill you for any fees and Services provided through the Site and/or Live Running Simulator.  The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  SIA “Intelligent Design” is not responsible for any and all errors by the payment processors.

Applicable Law. Your use of this Site and Live Running Simulator and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the Republic of Latvia, without regard to conflict of law principles.

Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court of the Republic of Latvia.

Contact

If you have any questions or queries about us or our Services, please contact us as indicated in our contact page: www.LiveRunningSimulator.com/feedback.

Date of last effective update is 19.09. 2017.