Updates to Terms
You can review the most current version of the Terms at any time on this page. Vamovo may make improvements and/or changes in the products, services, features, and programs described in this Site at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site.
Requirements For Use Of This Site
The Site is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. By using this site, you agree that Vamovo reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that Vamovo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Your Account Information
You represent that the information that you provide about yourself as requested in the Vamovo account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Vamovo with your current email address, so that you may receive notifications and other account-related communications.
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Vamovo cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Vamovo account or for any third party's fraudulent use or misuse of information submitted by you.
Content You Generate ("User Generated Content")
Subject to Vamovo's adherence with the privacy settings you select within the Site, you hereby grant to Vamovo a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Vamovo Site (collectively, "User Generated Content"). Subject to Vamovo's adherence to the privacy settings you select within the Vamovo Site, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Vamovo's use of the User Generated Content or require your permission for Vamovo to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Vamovo or its sublicensees relating to Vamovo's or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Vamovo and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
Participation in Events
The Vamovo site provides users with the ability to enter events which reward those users who complete them with certain products and services ("Rewards") made available by Third Party Partners ("Reward Partners"). By entering an event on Vamovo you explicitly agree that you will not engaged in any practices deliberately conducted in an attempt to complete the Event in any way that is not consistent with the rules or intent of the Event. This includes any attempts to manufacture, copy, steal or otherwise generate data to allow you to complete the Event in a way that is not consistent with the rules or intent of Event. Vamovo retains the explicit right to terminate the account of any user who is suspected of breaching these terms without prior notice. Vamovo will be responsible for utilizing commercially reasonable effort in accurately accounting and processing user uploaded data associated with completing an event. Without limiting the foregoing, Vamovo reserves the right to (a) audit the Account at any time for compliance with these Terms and Conditions, without notice to the user, and (b) to change accrued data associated with a user if such audit reveals errors, inaccuracies or miscalculations. If the user becomes aware of any discrepancy in their display or their data associated with a particular event, the User must notify Vamovo promptly, but in no event more than thirty (30) days after the initial attempt to submit that data. Otherwise, all data will be deemed accurate and the User waives any claim for future adjustment or adjudication.
Reward Partners And Rewards
Reward Partners are entities and individuals that provide and/or honor Rewards. The list of participating Reward Partners is subject to change at any time, and specific Rewards are not guaranteed to be available at all times. Reward Partners are not agents, employees, contractors, partners, or subcontractors of Vamovo and the Rewards offered are subject to change from time to time at the discretion of the Reward Partner and/or Vamovo. Participation by any Reward Partner should not be taken as an endorsement, either express or implied, of the Rewards Partner or its products or services by any of the companies that provide exercise tracking technologies or Vamovo. Only upon completion of a given event, will users be given the opportunity to claim a Reward. Rewards are issued by Vamovoâ€™s Reward Partners and may be tendered to user in the form of electronic promotion codes, offline reward mailers, goods, and services or they may be transmitted through a combination of these means or in gift certificate format by the Partner or by Vamovo. Users may receive Rewards as per the terms and conditions described at the Site for each particular Event. Vamovo makes takes no responsibility for the delivery and redemption of Rewards. The redemption of Rewards is the responsibility of the Reward Partner and is subject to change at any time. YOU AGREE THAT VAMOVO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS, PARTNERS, OR REWARD PARTNERS AVAILABLE ON THE SITE.
You agree that Vamovo may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity. Termination of your account may include (x) removal of access to all offerings within the Site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in Vamovo's sole discretion and that Vamovo shall not be liable to you or any third party for any termination of your account or access to the Site.
Links To External Websites
Use Of Site
You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any Content available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Vamovo or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or Content available on the Site (other than Content that you may submit), in whole or in part. Vamovo grants you a personal, non-transferable and non-exclusive right and license to access and use the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site. You agree not to access the Site by any means other than through the interface that is provided by Vamovo for use in accessing the Site. We welcome any suggestions, comments or ideas submitted to us for improvements to the Site or its services. However, by submitting any suggestions, comments or ideas to us, you hereby grant to Vamovo a worldwide, non-exclusive, transferable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such suggestions, comments or ideas, and to use, make, have made, sell, offer for sale, import and export products and services based on such material submitted by you. Please do not send Vamovo any suggestions, comments, or ideas that you do not wish to license to us as set forth above.
Any action related to the Site, the Content or the Terms shall be governed by California law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Santa Clara County, California for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Vamovo makes no representation that the Content in the Site or the Site are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
THE WEBSITE IS PROVIDED BY VAMOVO AND ITS AFFILIATES "AS IS." NEITHER VAMOVO NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, VAMOVO AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, VAMOVO DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SITE (INCLUDING BUT NOT LIMITED TO CYCLING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF VAMOVO OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT VAMOVO DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILIZES VAMOVOâ€™S SITE.
YOU EXPRESSLY AGREE TO RELEASE VAMOVO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL 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 SITE, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY VAMOVO WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE, (d) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VAMOVO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Please reach out to us if you have any questions or concerns related to these terms. Email firstname.lastname@example.org.