Terms of Service

Terms of service

Welcome to the WHITE OWL TRIBE LLC’s ayearofrunning.com Web Site (‘Site’). Please review the following basic terms that govern your use of and purchase of products from the ilovetorun.org Site. Please note that your use of the ayearofrunnig.com Site  (by visiting the site and/or sending an eBibs) constitutes your agreement to follow and be bound by these terms (the ‘Agreement’).

ELIGIBILITY

The Site is not for use by people under 18 years of age. You take full responsibility for access of and use of the Site. White Owl Tribe may, in its sole discretion, refuse to offer access to the Site to any person or entity and change its eligibility criteria at any time.

GENERAL

By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to White Owl Tribe a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant White Owl Tribe and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant White Owl Tribe the right to pursue at law any person or entity that violates your or White Owl Tribe’s rights in the User Generated Content by a breach of these Conditions.

User Generated Content submitted by users is deemed non-confidential and White Owl Tribe is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, White Owl Tribe reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. White Owl Tribe is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by White Owl Tribe or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release White Owl Tribe from any claims that you could otherwise assert against White Owl Tribe by virtue of any moral rights. We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

DISCLAIMER

This site and all contents of the site are provided on an ‘as is’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that White Owl Tribe shall not be liable for any damages of any kind related to your use of this site.

USE OF CHAT ROOMS, BULLETIN BOARDS AND OTHER INTERACTIVE AREAS

The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If White Owl Tribe provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

a. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. Material that promotes illegal drug use, tobacco or firearms use;

c. Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;

d. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

e. Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

f. Unsolicited advertising or links to other commercial sites;

g. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;

h. Viruses, corrupted data or other harmful, disruptive or destructive files;

i. Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;

j. Material that communicates messages inconsistent with the positive good will of White Owl Tribe; or

k. Material that, in the sole judgment of White Owl Tribe, is objectionable, or which may expose White Owl Tribe or its users to any harm.

White Owl Tribe takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is White Owl Tribe liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, White Owl Tribe is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although White Owl Tribe has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, White Owl Tribe reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site. Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to White Owl Tribe on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, ‘Comments’) shall be and remain White Owl Tribe’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to White Owl Tribe of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, White Owl Tribe will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. White Owl Tribe is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that White Owl Tribe may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that White Owl Tribe may use your information for marketing and promotional purposes.

If you include or post any of the Content on another website, you must either:

1) use the sharing and embedding buttons on the Site for Tumblr, Facebook, Twitter, or Pinterest; OR

2) use the embed code or post the link of the Content ONLY.

Copyright Claims—Digital Millennium Copyright Act Procedure

If the claimed issue involves a copyright, send an email to support@ayearofrunning.com The email must contain (as required by law, see 17 U.S.C. §512(c)(3)):

• your full contact information including physical address, email, and telephone number;

• specific location and identification of the allegedly infringing material on the Website;

• proper and complete identification of the copyrighted work claimed to have been infringed so We can verify your exclusive right to the work;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• The following statement: “I, the complaining party, certify that the information in this email notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” (We may request written proof of authorization.); AND

• the electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Incomplete, vague, unspecific, or otherwise defective notices may be ineffective to put us on notice.

WHITE OWL TRIBE’S COMMUNICATIONS TO YOU

You agree that White Owl Tribe may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of White Owl Tribe’s products or services, or for such other purpose(s) as White Owl Tribe deems appropriate.

CONTESTS/PROMOTIONS

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.

COLORS

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

LINKS TO OTHER WEB SITES AND SERVICES

This Site may contain links to outside services and resources. You acknowledge that (A) White Owl Tribe is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) White Owl Tribe is not responsible for any other form of transmission received from any linked site. White Owl Tribe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by White Owl Tribe of the site. Any concerns regarding any such link should be directed to the particular third party website.

CUSTOMS, DUTIES, AND TAXES

You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from ayearofrunning.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

INACCURACY DISCLAIMER

From time to time there may be information on ayearofrunning.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

TERMINATION

This Agreement is effective unless and until terminated by either you or White Owl Tribe. You may terminate this Agreement at any time. White Owl Tribe also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Site, if in White Owl Tribe’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or White Owl Tribe, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

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