Users of Trail Running Movement websites acknowledge and accept these Term of Use (TOS).
Owner of Trail Running Movement is:
Digital Sport 360 S.r.l.
Via L. Manara, 17 20122 Milan (Italy)
firstname.lastname@example.org ; email@example.com
This agreement was written in Italian and translated in English (US). To the extent any other translated version of this agreement conflicts with the Italian version, this latter version controls for all the access from all over the world.
DIGITAL SPORT 360 Srl owns all TRAIL RUNNING MOVEMENT activities since 2018 and provides services through its websites including but not limited to: www.trailrunningmovement.com, www.trailrunningmovement.org, www.trailrunningmovement.net, www.trailrunningmovement.info, www.trailrunningmovement.it, social network web pages, App, programs and computer servers, including but not limited to classified advertising, blogs, forums, email and sms forwarding, BOT or Artificial Intelligence activities, affiliation programmes and/or any other Third Party services used and connected with pages linked to the above URLs (all such services are referred to collectively herein as “TRAIL RUNNING MOVEMENT websites”).
BY ACCESSING, USING OR RECEIVING ANY CONTENT FROM TRAIL RUNNING MOVEMENT WEB SITES, YOU ARE AUTOMATICALLY CLASSIFIED AS A “USER” AND YOU ACCEPT AND AGREE TO THE TERMS BELOW (THE “TERMS OF SERVICE” OR “TOS”) AS A LEGAL CONTRACT BETWEEN YOU AND TRAIL RUNNING MOVEMENT..
The TOS includes and incorporates additional or partial term specified in Privacy and Cookies Policy and present and future Additional Terms or amendments. TRAIL RUNNING MOVEMENT may post changes to the TOS at any time, and any such changes will be applicable to all subsequent access to or use of TRAIL RUNNING MOVEMENT websites.
IF YOU DO NOT ACCEPT AND AGREE TO ALL PROVISIONS OF THE TOS, NOW OR IN THE FUTURE, YOU MAY REJECT THE TOS BY IMMEDIATELY TERMINATING ALL ACCESS AND USE OF TRAIL RUNNING MOVEMENT WEBSITES, IN WHICH CASE ANY CONTINUING ACCESS OR USE OF TRAIL RUNNING MOVEMENT WEB SITES IS UNAUTHORIZED. YOU ARE ALSO REQUIRED TO COMPLY WITH, AND TO ENSURE COMPLIANCE WITH, ALL LAWS, ORDINANCES AND REGULATIONS APPLICABLE TO YOUR ACTIVITIES ON TRAIL RUNNING MOVEMENT WEBSITES. TRAIL RUNNING MOVEMENT WEB SITES IS INTENDED AND DESIGNED FOR USERS 18 YEARS OF AGE AND OLDER ONLY. THE TOS GRANT YOU A LIMITED, REVOCABLE, NONEXCLUSIVE LICENSE TO ACCESS TRAIL RUNNING MOVEMENT WEBSITES AND USE TRAIL RUNNING MOVEMENT WEB SITES, IN WHOLE OR IN PART, INCLUDING BUT NOT LIMITED TO TRAIL RUNNING MOVEMENT INTELLECTUAL PROPERTY THEREIN, SOLELY IN COMPLIANCE WITH THE TOS.
THE NAME “TRAIL RUNNING MOVEMENT” AND “TRM – TRAIL RUNNING MOVEMENT LOGO” ARE TRADEMARKS OF DIGITAL SPORT 360 S.R.L OR ITS PARTNERS AND ARE PROTECTED BY ITALIAN, EUROPEAN COMMUNITY AND INTERNATIONAL LAWS. THE TOS DO NOT AUTHORIZE YOU TO USE “TRAIL RUNNING MOVEMENT” NAME OR “TRM” OR TRAIL RUNNING MOVEMENT LOGO OR ANY SIMILAR OR RELATED MARKS FOR ANY USE PERTAINING TO CLASSIFIED ADVERTISING, INTERNET ADVERTISING, SOCIAL NETWORKS, ONLINE FORUMS, ONLINE COMMUNICATION SERVICES OR ANY SIMILAR OR RELATED USE, OR ANY OTHER USE THAT IS LIKELY TO CAUSE CONFUSION ON THE PART OF, TO CAUSE MISTAKE BY OR TO DECEIVE THE PUBLIC AS TO ANY AFFILIATION, CONNECTION, ASSOCIATION, ORIGIN, SPONSORSHIP, APPROVAL OR ENDORSEMENT BY OR WITH TRAIL RUNNING MOVEMENT OR DIGITAL SPORT 360 S.R.L..
TRAIL RUNNING MOVEMENT has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”) posted to, stored on or transmitted via TRAIL RUNNING MOVEMENT web sites by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of TRAIL RUNNING MOVEMENT) by any user (or any other third party in any manner); and to enforce the TOS, for any reason and in any manner or by any means that TRAIL RUNNING MOVEMENT, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). TRAIL RUNNING MOVEMENT may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. TRAIL RUNNING MOVEMENT action or inaction to regulate content or conduct or to enforce against any potential violation of the TOS by any user (or any other third party) does not waive TRAIL RUNNING MOVEMENT’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOS violation.
You also understand and agree that any action or inaction by TRAIL RUNNING MOVEMENT or any of its founders, shareholders, managers, directors, employees, consultants, agents, representatives, partners or providers (collectively, “TRAIL RUNNING MOVEMENT Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOS violation is undertaken voluntarily and in good faith, and you expressly agree that neither TRAIL RUNNING MOVEMENT nor any TRAIL RUNNING MOVEMENT Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOS.
Although TRAIL RUNNING MOVEMENT Representatives may moderate content, conduct and TOS compliance on TRAIL RUNNING MOVEMENT websites at TRAIL RUNNING MOVEMENT’s discretion, TRAIL RUNNING MOVEMENT Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of TRAIL RUNNING MOVEMENT will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of TRAIL RUNNING MOVEMENT will otherwise stop, cure or prevent any problem, content, conduct or purported TOS violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any TRAIL RUNNING MOVEMENT Representative (or by anyone else acting on behalf of TRAIL RUNNING MOVEMENT or by anyone purportedly acting on behalf of TRAIL RUNNING MOVEMENT) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOS violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that TRAIL RUNNING MOVEMENT, TRAIL RUNNING MOVEMENT Representatives and anyone else authorized to act on behalf of TRAIL RUNNING MOVEMENT shall in no circumstance be liable as a result of any representation that TRAIL RUNNING MOVEMENT, a TRAIL RUNNING MOVEMENT Representative or anyone else on behalf of TRAIL RUNNING MOVEMENT would or would not restrict or redress any content, conduct or potential or purported TOS violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by TRAIL RUNNING MOVEMENT’s Chief Executive Officer (or formally delegated representative) and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
TRAIL RUNNING MOVEMENT also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions, process or service of TRAIL RUNNING MOVEMENT at any time without notice. TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
3. CONTENT AND USERS’ CONDUCT
THE INFORMATION PROVIDED WITHIN ANY TRAIL RUNNING MOVEMENT WEB SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. BEFORE BEGINNING ANY TRAINING, DIET OR ANY TYPE OF ACTIVITY ADVERTISED ON THE WEB SITES, IT IS RECOMMENDED THAT YOU SEEK MEDICAL ADVICE FROM YOUR PERSONAL PHYSICIAN. NOT ONE CONTENT OR ADVICE IS INTENDED TO BE A SUBSTITUTE FOR THE TRAINING, NUTRITION, PHYSICAL THERAPY OR MEDICAL ADVICE OF A LICENSED PROFESSIONAL. THE USER/READER SHOULD CONSULT WITH THE RESPECTIVE PROFESSIONAL IN ANY MATTERS RELATING TO HIS/HER HEALTH AND/OR PHYSICAL TOPIC. TRAIL RUNNING MOVEMENT WEB SITE CONTAINS INFORMATION THAT IS INTENDED TO HELP THE USERS/READERS BE BETTER INFORMED ON VARIOUS TOPICS. IT IS PRESENTED AS GENERAL ADVICE, NOT A PROFESSIONAL RECOMMENDATION. WHILE WE TRY TO KEEP THE INFORMATION UP-TO-DATE AND CORRECT, THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED IN TRAIL RUNNING MOVEMENT WEB SITE FOR ANY PURPOSE.
ANY USE OF THIS INFORMATION, ADVICE OR DEDUCTION IS AT YOUR OWN RISK.
Content provided by the Owner or authorized employees, personnel or Users
TRAIL RUNNING MOVEMENT DOES NOT CONTROL, IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER CONTENT WHICH IS NOT PUBLICLY AND EXPLICITLY AUTHORIZED AND REINFORCED WITH A WRITTEN DEMOSTRABLE BUSINESS CONTRACT. YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCESS TO, USE OF AND/OR RELIANCE ON ANY USER CONTENT. YOU MUST CONDUCT ANY NECESSARY, APPROPRIATE, PRUDENT OR JUDICIOUS INVESTIGATION, INQUIRY, RESEARCH AND DUE DILIGENCE WITH RESPECT TO ANY USER CONTENT.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from TRAIL RUNNING MOVEMENT includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via TRAIL RUNNING MOVEMENT websites; (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to TRAIL RUNNING MOVEMENT would violate these TOS or TRAIL RUNNING MOVEMENT’s other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on TRAIL RUNNING MOVEMENT and all such prohibitions are expressly incorporated into these TOS.
If you work or collaborate with TRAIL RUNNING MOVEMENT, you automatically grant and assign to TRAIL RUNNING MOVEMENT, and you represent and warrant that you have the right to grant and assign to TRAIL RUNNING MOVEMENT, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to TRAIL RUNNING MOVEMENT all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You agree to indemnify and hold TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOS. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by TRAIL RUNNING MOVEMENT or TRAIL RUNNING MOVEMENT Representatives.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Trail Running Movement.
Content and services provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Trail Running Movement. The Owner is not responsible for the content provided by third parties or for its availability. Users may use third-party services or content included in TRAIL RUNNING MOVEMENT websites, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
TRAIL RUNNING MOVEMENT does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to TRAIL RUNNING MOVEMENT, and, if you create an account on TRAIL RUNNING MOVEMENT websites or any email account using TRAIL RUNNING MOVEMENT denomination or title, you are responsible for all conduct or activities on, through or by use of your created account.
You agree to indemnify and hold TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to TRAIL RUNNING MOVEMENT and related to or arising out of any conduct or activities on, through or by use of your TRAIL RUNNING MOVEMENT account, if any.
This indemnification obligation includes payment of any attorneys’ fees and costs incurred by TRAIL RUNNING MOVEMENT or TRAIL RUNNING MOVEMENT Representatives.
4. USERS ACCOUNTS AND ACTIVITIES
This section applies to all uses and users of TRAIL RUNNING MOVEMENT websites, unless TRAIL RUNNING MOVEMENT has specifically authorized an exception to a particular term for a particular user in a written agreement.
Any type of promotion, advertising, affiliation marketing is expressly prohibited on TRAIL RUNNING MOVEMENT websites. Any similar activity, if not expressly authorized through written authorization received directly from TRAIL RUNNING MOVEMENT or a TRAIL RUNNING MOVEMENT Representative delegated by TRAIL RUNNING MOVEMENT Chief Executive Officer, is prohibited. Users may not post content or communicate with any other TRAIL RUNNING MOVEMENT user or TRM representative or client or stakeholder in general for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance without written authorization. Neither may use their personal or company data for any popouses.
At the moment, users may not create personal account. In the future, might be possible. In such case the posting activity will be disciplined as followed.
In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy and Cookies Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User’s access credentials.
A user may maintain and use no more than one account, including a telephone or phone-verified account (“PVA”), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOS. The use of Avatar accounts is prohibited. A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited. A user must only use his/her own account or PVA, and may not use any account or PVA of another. The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited. A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user’s own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.
User accounts deletion and termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface provided by Trail Running Movement or directly through any written contract with the Owner. The Owner, in case of breach of the Terms of Service, reserves the right to suspend or terminate the User’s account at any time and without notice.
At the moment, TRAIL RUNNING MOVEMENT is the only subject authorised to post on its web sites. In the future, posting may be allowed to external Parties or web site users. In such case the posting activity will be disciplined as followed.
The same or substantially similar content may not be posted in more than one TRAIL RUNNING MOVEMENT category. A user may post content only in the single TRAIL RUNNING MOVEMENT category to which it is most relevant, and must not post content to inappropriate categories. A user may post the same or substantially similar content no more than once every month. Users may not circumvent any technological measure implemented by TRAIL RUNNING MOVEMENT to restrict the manner in which content may be posted on TRAIL RUNNING MOVEMENT or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent TRAIL RUNNING MOVEMENT accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.” It is expressly prohibited for any third party to post content to TRAIL RUNNING MOVEMENT websites on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them. It is expressly prohibited to post content to TRAIL RUNNING MOVEMENT web sites using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to TRAIL RUNNING MOVEMENT for each instance of access to TRAIL RUNNING MOVEMENT web sites (by any user or other third party) using that automated means.
We currently provide TRAIL RUNNING MOVEMENT websites through mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply. You provide all rights necessary to enable users to sync (including through an application) their notification lists with any basic information and contact information that is visible to them on TRAIL RUNNING MOVEMENT, as well as your name and profile picture.
5. UNAUTHORIZED ACCESS AND ACTIVITIES AND INTELLECTUAL PROPERTY RIGHTS
THIS SECTION APPLIES TO ANY TYPE USERS OF TRAIL RUNNING MOVEMENT, PAST, PRESENT AND FUTURE, CONTENTS PUBLISHED ON WEB SITES OR CONTENT, PROCESS OR PRACTICE USED TO MANAGE OR INTERACTION WITH USERS, PROSPECTS OR CLIENTS, UNLESS TRAIL RUNNING MOVEMENT HAS SPECIFICALLY AUTHORIZED AN EXCEPTION TO A PARTICULAR TERM FOR A PARTICULAR USER IN A WRITTEN AGREEMENT. ANY TRAIL RUNNING MOVEMENT WEB SITES OR USERS MANAGEMENT PROCESS ARE EXPRESSLY UNAUTHORIZED AND PROHIBITED.
ANY COPYING, AGGREGATE, DISPLAY, DISTRIBUTION, PERFORMANCE OR DERIVATIVE USE OF TRAIL RUNNING MOVEMENT WEB SITES OR ANY ITS CONTENT, INCLUDING ALL WORKING PROCESSES USED WITH USERS OR POTENTIAL USERS BY TRAIL RUNNING MOVEMENT IN ORDER TO MANAGE ITS BUSINESS, WHETHER DONE DIRECTLY OR THROUGH INTERMEDIARIES (INCLUDING BUT NOT LIMITED TO BY MEANS OF SPIDERS, ROBOTS, CRAWLERS, SCRAPERS, FRAMING, IFRAMES OR RSS FEEDS), IS PROHIBITED. USERS OR POTENTIAL USERS SHOULD NOT:
- reverse engineer, decompile, disassemble, modify or create derivative works based on TRAIL RUNNING MOVEMENT processes or contents or any portion of it;
- circumvent any technology used by TRAIL RUNNING MOVEMENT or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the processes or content provided through TRAIL RUNNING MOVEMENT;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of TRAIL RUNNING MOVEMENT processes or content;
- rent, lease or sublicense contents and processes used by TRAIL RUNNING MOVEMENT;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- the User may not copy-paste, use modified content or processes or integrate any of the processes, content, product, service or templates published or delivered to him by the Owner;
- the Users accept to be considered responsible for any misuse content or information of the Owner illegally used by any Third Party, subsequent to unauthorized display or loan, subtraction, theft or any similar legal or illegal way of appropriation. The User is justified and exonerated only in presence of an official report subscribed in front of Police.
Any other use of TRAIL RUNNING MOVEMENT content or process, not yet described or emerging in the future thanks to the use of new technology, violates these Terms
As a limited exception, general purpose Internet search engines and non commercial public archives will be entitled to access TRAIL RUNNING MOVEMENT websites without individual written agreements executed with TRAIL RUNNING MOVEMENT that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant TRAIL RUNNING MOVEMENT website, service, forum or content; (b) they access TRAIL RUNNING MOVEMENT websites from a stable IP address using an easily identifiable agent; and (c) they comply with TRAIL RUNNING MOVEMENT’s web sites robots.txt file; provided however, that TRAIL RUNNING MOVEMENT may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access TRAIL RUNNING MOVEMENT websites without their own written agreement executed with TRAIL RUNNING MOVEMENT), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
Any access to or use of TRAIL RUNNING MOVEMENT websites to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with TRAIL RUNNING MOVEMENT websites (including, without limitation, to access content, post content, cross-post content, repost content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access TRAIL RUNNING MOVEMENT websites or copy, display, distribute, perform or create derivative works from TRAIL RUNNING MOVEMENT webpages or other TRAIL RUNNING MOVEMENT intellectual property in violation of the TOS or for purposes inconsistent with the TOS, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on TRAIL RUNNING MOVEMENT websites or any provision of the TOS that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of TRAIL RUNNING MOVEMENT webpages on your computer or computer server constitute “copies” under the Copyright Italian Law Lg. 22/04/1941, n. 633 and/or European Community Copyright Legislation and International Government and U.N. Agreements. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and rights of TRAIL RUNNING MOVEMENT under mentioned national and international laws.
Any effort to decompile, disassemble or reverse engineer all or any part of TRAIL RUNNING MOVEMENT websites in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited. Any activities (including but not limited to posting voluminous content) that are inconsistent with use of TRAIL RUNNING MOVEMENT contents in compliance with the TOS or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of TRAIL RUNNING MOVEMENT websites in any manner are expressly prohibited. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOS.
6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold TRAIL RUNNING MOVEMENT and TRAIL RUNNING MOVEMENT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by TRAIL RUNNING MOVEMENT or TRAIL RUNNING MOVEMENT Representatives.
TRAIL RUNNING MOVEMENT may charge a fee to access to a private web site area, advertise or post content or for other features, products, services or licenses. You are responsible to TRAIL RUNNING MOVEMENT for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize TRAIL RUNNING MOVEMENT, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in Euros and all charges will be made in Euros. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by TRAIL RUNNING MOVEMENT or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, TRAIL RUNNING MOVEMENT reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
YOUR ACCESS TO, USE OF AND RELIANCE ON TRAIL RUNNING MOVEMENT WEB SITES AND CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENTS WEB SITES ARE ENTIRELY AT YOUR OWN RISK. TRAIL RUNNING MOVEMENT WEBSITES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, WEB PAGES, APP, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, WEB PAGES, APP, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TRAIL RUNNING MOVEMENT ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON TRAIL RUNNING MOVEMENT WEB SITES OR DELIVERED CONTENT). THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
9. LIMITATIONS OF LIABILITY
TRAIL RUNNING MOVEMENT AND THE TRAIL RUNNING MOVEMENT REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON TRAIL RUNNING MOVEMENT WEB SITES OR CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEB SITES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF TRAIL RUNNING MOVEMENT OR ANY TRAIL RUNNING MOVEMENT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEBSITES; ANY INABILITY TO ACCESS OR USE TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEBSITES; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEBSITES. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF TRAIL RUNNING MOVEMENT ACTIVITY THROUGH INTERNET OR CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEBSITES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON TRAIL RUNNING MOVEMENT WEBSITES AND LINKS IN CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEBSITES).
You hereby release TRAIL RUNNING MOVEMENT and each of the TRAIL RUNNING MOVEMENT Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to TRAIL RUNNING MOVEMENT web activity or content accessed through TRAIL RUNNING MOVEMENT web sites, or any interactions with others arising out of or related to TRAIL RUNNING MOVEMENT web activity or content accessed through TRAIL RUNNING MOVEMENT web sites, and you expressly waive the provisions of Italian and European Community Civil Law.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. NOTIFICATION OF CLAIMS OF INFRINGEMENT OF THIRD PARTY CONTENTS
If you are a TRM Representative, Partner, Provider, User or any other subject authorized by the Owner to publish content on TRAIL RUNNING MOVEMENT web sites and believe that your content has been copied in a way that constitutes a copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, contact TRAIL RUNNING MOVEMENT through email at: firstname.lastname@example.org and agree on a friendly solution. In case you are not satisfied, follow the procedure. Provide our Customer care Office or Representatives with the following: a) Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; b) Identification of the material on the TRAIL RUNNING MOVEMENT website that you claim is infringing, with enough detail so that we may locate it; c) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; d) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; e) Your address, telephone number, and email address; and f) Your physical or electronic signature. Your Notice will be subject to Italian legislation and procedure protecting copyright. In appropriate circumstances, TRAIL RUNNING MOVEMENT may terminate the accounts of repeat infringers.
11. INJUNCTIVE RELIEF OF OWNER TOS BREACH
You acknowledge and agree that any violation or breach of the TOS may cause TRAIL RUNNING MOVEMENT immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOS or other applicable legal requirements, TRAIL RUNNING MOVEMENT has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOS. In addition to any and all other remedies available to TRAIL RUNNING MOVEMENT in law or in equity, TRAIL RUNNING MOVEMENT may seek specific performance of any term in the TOS, including but not limited to by preliminary or permanent injunction.
IN ADDITION TO ANY INJUNCTIVE RELIEF, YOU AGREE TO PAY TO TRAIL RUNNING MOVEMENT THE TOTAL AMOUNT OF ALL ACTUAL DAMAGES (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOS for which you bear responsibility; EXCEPT you acknowledge that, for certain TOS violations, actual damages would be extremely difficult or impossible to quantify. CONSEQUENTLY, FOR SUCH TOS VIOLATIONS, YOU AGREE TO PAY LIQUIDATED DAMAGES TO TRAIL RUNNING MOVEMENT AS DESCRIBED IN THE FOLLOWING SCHEDULE:
TOS violations harm the functionality, integrity, and reputation of TRAIL RUNNING MOVEMENT; interfere with and detract from users’ and customers’ beneficial use and enjoyment of TRAIL RUNNING MOVEMENT; and are detrimental to TRAIL RUNNING MOVEMENT as a business. You acknowledge and agree that TRAIL RUNNING MOVEMENT incurs actual damages as a result of the TOS violations detailed below. You further acknowledge and agree that actual damages caused by such violations are extremely difficult, impossible or impractical to determine or quantify. Consequently, you agree it is fair and reasonable for TRAIL RUNNING MOVEMENT to obtain injunctive relief to prohibit future violations of these TOS and recover liquidated damages for past violations of these TOS, and you acknowledge that the amounts set forth below reflect reasonable estimates of TRAIL RUNNING MOVEMENT’s actual damages from each such violation and that such estimates are reasonably related to the actual damages caused to TRAIL RUNNING MOVEMENT by each such violation.
FOR EACH TOS VIOLATION BELOW, YOU THEREFORE AGREE TO PAY LIQUIDATED DAMAGES TO TRAIL RUNNING MOVEMENT IN THE AMOUNT SPECIFIED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE IMPOSITION OF LIQUIDATED DAMAGES FOR EACH SUCH TOS VIOLATION IS INDEPENDENT AND DISTINCT, AND THAT THE ASSESSMENT OF TOTAL LIQUIDATED DAMAGES FOR MULTIPLE TOS VIOLATIONS IS CUMULATIVE.
1. € 50 Per Item of Content trasmitted with no authorization
You agree to pay €50 per Item of Content posted or stored on, or transmitted via TRAIL RUNNING MOVEMENT websites either by you or on your behalf: (a) using any automated means to perform any step of any process for submitting content (in whole or in part); (b) by any means that circumvent any technological measure implemented by TRAIL RUNNING MOVEMENT to restrict the manner in which content may be submitted on TRAIL RUNNING MOVEMENT web sites or to regulate the manner in which content (including but not limited to email) may be transmitted to other users; or (c) using Accounts that are created or used in violation of TOS. Liquidated damages under this paragraph are in addition to Liquidated Damages that may be applicable to the Item of Content pursuant to other sections of this schedule and are agreed to be a reasonable estimate of TRAIL RUNNING MOVEMENT’s actual damages for the Items of Content posted using the means described in addition to the liquidated damages incurred by TRAIL RUNNING MOVEMENT set forth elsewhere in this schedule.
2. € 100 Per Item of Content regarding promotion not authorized
For the following, you agree to pay €100 per Item of Content: (a) content that offers, promotes, advertises or provides links to unsolicited products or services; (b) content that violates guidelines for particular categories or services on TRAIL RUNNING MOVEMENT web sites; or (c) content (including but not limited to ads, emails and other communications with TRAIL RUNNING MOVEMENT users) for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner and under any circumstance.
3. € 500 Per Account/Instance
For the following, you agree to pay € 500 per Account/Instance of Unauthorized Conduct: (a) if you create, maintain or use at any time more than one Account (including without limitation PVAs) to post content; (b) if you create one or more Accounts for or on behalf of another; (c) if you permit, enable, induce or encourage someone else to create one or more Accounts on your behalf; (d) if you use other users’ Accounts (with or without their knowledge or consent) (including but not limited to your use of any Account you purchase or otherwise do not personally create); (e) for any Account you purchase, offer, market, sell, or distribute; (f) for any Account you create for another; (g) for any Account you create by any automated means; (h) for any Account verified using a telephone number that is not your own personal telephone number; (i) for any telephone number you purchase, offer, market, make available, sell or distribute for the purpose of phone verification; (j) if you use any Accounts created in circumvention of any technological restriction or security measure in the Account creation process; (k) if you create any Accounts in circumvention of any technological restriction or security measure in the Account creation process; (l) for any product, software, or tool (including but not limited to CAPTCHA credits) you acquire, purchase, offer, market, sell, or distribute, that facilitates circumvention of any technological measure implemented by TRAIL RUNNING MOVEMENT to restrict the manner in which content may be posted on TRAIL RUNNING MOVEMENT websites or to regulate the manner in which content may be transmitted to other users; (m) if you collect TRAIL RUNNING MOVEMENT users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) or (n) for any activities (including but not limited to posting voluminous content) that are inconsistent with use of TRAIL RUNNING MOVEMENT websites in compliance with the TOS or that may impair or interfere with the functionality, performance or quality of all or any part of TRAIL RUNNING MOVEMENT websites in any manner.
4. € 10.000 Per Item of Content in violation of TOS or any legal framework
For the following, you agree to pay € 10.000 per Item of Content: (a) illegal content; (b) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (c) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (d) content that discloses another’s personal, confidential or proprietary information; (e) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via TRAIL RUNNING MOVEMENT websites ); (f) malicious content (including, without limitation, malware or spyware); (g) content that offers, promotes, advertises, provides links to or solicits posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to TRAIL RUNNING MOVEMENT would violate these TOS or TRAIL RUNNING MOVEMENT’s other legal rights.
5. € 15.000 Per Item of Content in violation with copyright law, know-how and business practice
For the following, you agree to pay € 15.000 per Item of Content that you have copied, used, reproduced entirely, in part or modified but keeping the same or a similar meaning without any written authorization. Unauthorized Content, other than those normally recognized by international and national laws, include: (a) content published on Owner’s website at any time (past, present, future); (b) content part of the daily business management process managed by the Owner in the business relationship with the Users (email, questionnaire, survey, sports programme, ..); c) articles, researches, picture, video and similar scientific or creative work of the Owner or its partners, employees, providers, clients or anyone with whom the Owner manages its business relationship.
6. € 25.000 Per Instance of Unauthorized Conduct
Technology can be misused to facilitate harm to TRAIL RUNNING MOVEMENT websites, its users, and/or TRAIL RUNNING MOVEMENT websites on a massive scale. For the following, you agree to pay € 25.000 per Instance of Unauthorized Conduct: (a) copying, aggregation, display, distribution or derivative use of TRAIL RUNNING MOVEMENT websites or any content posted or use within the business process managed on TRAIL RUNNING MOVEMENT web sites (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds); (b) access to or use of TRAIL RUNNING MOVEMENT websites to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, and mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with TRAIL RUNNING MOVEMENT websites (including, without limitation, to access content, post content, respond to content, transmit content, create accounts, use accounts, circumvent security measures, or flag content); or (c) decompiling, disassembling or reverse engineering all or any part of TRAIL RUNNING MOVEMENT websites in order to identify, acquire, copy, or emulate any source code or object code.
7. Written License
Any conduct or content that is permitted pursuant to a written license agreement with TRAIL RUNNING MOVEMENT shall not be deemed in violation of the TOS as long as the conduct or content is specifically authorized pursuant to the terms of the license agreement.
Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of TRAIL RUNNING MOVEMENT’s damages for such violations, and that liquidated damages for violations of the TOS are and will be cumulative.
13. VPRIVACY DISCIPLINE APPLIED TO THE WEB SITES USAGE
- Protecting your privacy
- Account information is password-protected. Keep your password safe.
- Forums use basic web server authentication. Close your browser to log out.
- TRAIL RUNNING MOVEMENT does not knowingly collect any information from persons under the age of 18. If TRAIL RUNNING MOVEMENT learns that such a person is using the web site, will inhibit the access or activity
- TRAIL RUNNING MOVEMENT, or people who use or post on TRAIL RUNNING MOVEMENT web sites, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
- Data collection
- We sometimes collect your name, surname, email address or other personal information, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, involve you in surveys and scientific medical researches, etc.
- For service or product purchase, we collect contact information, such as name(s), phone/fax number(s), residence and invoicing address, payment type and numbers, VAT or personal fiscal numbers (as required by national law) for billing purposes.
- We sometimes collect your phone number for account authentication purposes, and may transmit it to our third party services for tele-robotic verification or your identity verification.
- We may collect personal information if you provide it in feedback or comments, post it on our forums, or if you contact us directly. Please do not post any personal information on TRAIL RUNNING MOVEMENT that you expect to keep private.
- Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the TRAIL RUNNING MOVEMENT web sites, and to otherwise provide our service to you.
- Data Storage
- All contents, articles or postings are stored in our database, even after “deletion,” and may be archived elsewhere, different from legal address of the Owner. Included extra EU countries.
- Our web logs and other records are stored indefinitely.
- Registered job posters can access and update their account information through the account homepage.
- Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
- Circumstances in which TRAIL RUNNING MOVEMENT may release information
- TRAIL RUNNING MOVEMENT may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process or investigation.
- International Users
By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of TRAIL RUNNING MOVEMENT we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the Italy or other Countries. By providing us with your data, you consent to the transfer of such data.
14. TRM SPORT TRAINING PROGRAMME AND ADVICES
TRAIL RUNNING MOVEMENT is wholly owned and operated by DIGITAL SPORT 360 Srl who collaborates with external Athletic Certified Coaches (patented sport trainers). From time to time additional external staff may be hired or the activity may be outsourced to Third Parties in order to help serve clients. Any additional professional or outsourced staff will conduct themselves in the same manner and provide coaching services in the same manner as would be expected of TRAIL RUNNING MOVEMENT coaching services. Sport coaching or services and product delivery has inherent risk. The TRAIL RUNNING MOVEMENT staff, coach, team, and management working for TRAIL RUNNING MOVEMENT will do everything possible to help you minimize sport injury related risks, while helping you to achieve your goals. However, nothing can eliminate all risks. Therefore we strongly recommend you to issue a full coverage sport insurance and do not proceed to execute in any programme in case of any minimum pain alert. In such case, you agree to stop any activity and ask for help to double check the problem. The requests and answer may accepted only in written form.
YOU ARE STRONGLY RECOMMENDED TO CONSULT A DOCTOR BEFORE BEGINNING ANY EXERCISE PROGRAM AND IN CASE OF ANY LITTLE PAIN ARISING DURING THE PROGRAMME EXECUTION.
Please Note: NOT ALL EXERCISES ARE SUITABLE FOR EVERYONE. BEFORE YOU BEGIN FOLLOWING ANY TRAINING INSTRUCTIONS YOU RECEIVE FROM TRAIL RUNNING MOVEMENT COACH or PARTNER COACHES YOU SHOULD HAVE PERMISSION FROM YOUR PHYSICIAN TO PARTICIPATE TO ANY SPORT TRAINING. BY PARTICIPATING TO TRAINING PROGRAM YOU DECLARE THAT YOU ARE IN POSSESS OF A VALID SPORT MEDICAL CERTIFICATION WHICH STATES YOU CAN PARTICIPATE TO VIGOROUS TRAINING.
IN ANY CASE, IF, DURING OR AFTER YOUR TRAINING, YOU EVER FEEL DISCOMFORT OR PAIN, DO NOT CONTINUE ANY SPORT ACTIVITY AND MAKE SURE YOU CALL YOUR DOCTOR AND EVALUATE YOUR PHYSICAL SITUATION.
THE INSTRUCTIONS AND ADVICE PRESENTED BY TRAIL RUNNING MOVEMENT COACHES or PARTNER COACHES, OR ANY TRM REPRESENTATIVE ARE IN NO WAY INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING.
By registering for the services of TRAIL RUNNING MOVEMENT, you waive and release any and all claims for damages that may occur as a result of your following the training plan set forth by your TRAIL RUNNING MOVEMENT coaching team against TRAIL RUNNING MOVEMENT, management, and your personal TRAIL RUNNING MOVEMENT coach o Partner coach. You further certify that you have full knowledge of the risks involved in starting, partaking, and completing a sport training programme.
LIMITATION OF LIABILITY FOR DELIVERING TRAINING PROGRAMME AND ADVICE
TRAIL RUNNING MOVEMENT AND ITS COACHES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE TRAIL RUNNING MOVEMENT WEBSITE ADVICE OR SPORT COACHING SERVICES PROVIDED THROUGH WEB PAGES, APP, EMAIL OR ANY OTHER COMMUNICATION MEAN USED BY THE TRAIL RUNNING MOVEMENT. TRAIL RUNNING MOVEMENT IS A PLATFORM WHICH SOLELY FACILITATE THE INTERACTION BETWEEN COACHES AND USERS. THE SERVICE IS LIMITED TO THIS TYPE OF ACTIVITY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES PROVIDED THOUGH TRAIL RUNNING MOVEMENT IS TO STOP USING THOSE SERVICES AND DO NOT PUT IN PRACTICE ANY ADVICE.
Paying for the TRAIL RUNNING MOVEMENT services constitutes acceptance of the terms of this agreement. By becoming a client of TRAIL RUNNING MOVEMENT, training programme you agree to have your personal data and email address added to our CRM databases, dedicated email list(s) and have your personal data stored in any, present/future and proprietary/Third Party, coaching platform User’s database. TRAIL RUNNING MOVEMENT newsletter, sms, direct marketing contact and any Owner or Third Party offers of services and products are made available through our CRM database, dedicated email list(s) or any other communication mean decided by TRAIL RUNNING MOVEMENT.
YOU AGREE THAT YOUR PERSONAL DATA MAY BE DISCLOSED TO ANY OWNER’S PRESENT AND FUTURE THIRD PARTY PARTNER, ON THE LEGAL BASE OF ANY OF THE PRIOR COLLECTED CONSENT.
YOUR PERSONAL DATA, EMAIL AND RESIDENCE ADDRESS MAY BE USED FOR COMMERCIAL OFFER PROVIDE DIRECTLY OR INDIRECTLY BY THIRD PARTIES ACCORDING TO ITALIAN PRIVACY LAW OR EUROPEAN GDPR LEGISLATION.
Any order placed in TRAIL RUNNING MOVEMENT Shop Area is an offer to purchase the service. Orders are subject to availability and are accepted at the discretion of the Owner. Users must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the Order Summary Form of the Order. The Order is placed on confirmation of the Order and is subject to payment of the amount charged in the Order Summary. The Order Processing Receipt does not constitute acceptance of the Order. The contract shall be concluded at the time of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased within 10 working days from order – to the email address associated with the purchase – and will provide for a refund of any amounts paid by the User.
To place an order, Users must register on the site providing the requested data. The indicated prices include taxes, fees and charges of the law applicable. The Owner reserves the right to offer discounts and various promotions throughout the year. For more details on current promotions, the User is asked to contact the Owner via the contact information form. Some of the Services may be offered via recurring subscriptions. In this case, payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each payment cycle to maintain the benefits provided by the paid services. Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then TRAIL RUNNING MOVEMENT may be forced to cancel their subscription when it runs out.
Automatic update of subscription plans
Some subscription plans available on TRAIL RUNNING MOVEMENT may be automatically updated in the event that the defined use thresholds as set forth in the User’s current plan are exceeded. In these cases, the subscription plan will be automatically updated to the level that fits the User’s needs in order to ensure the continuity of the provision of the Service. The methods of payment used correspond to the payment method the User has chosen for subscribing to the original plan. The User is obliged to check that these payment methods are valid in order to allow the automatic update of the subscription plan to function properly. If the payment methods chosen by the User result unfit or unsuitable for use, the Owner may be forced to suspend the provision of the Service. The User is free to turn off this automatic upgrade feature through the Service interface or by contacting the Owner. In this case, however, if the User exceeds the maximum use thresholds as set forth in the chosen subscription plan and fails to independently perform the update to the respective necessary plan, the Owner might be forced to suspend the provision of the Service. In any case, the Owner will attempt to do its best to alert the User via email upon approaching the maximum use thresholds and, therefore, about the need to update the current subscription plan.
Prices, VAT, Delivery and Returned Goods.
ALL SERVICE OR PRODUCT PRICES, IF ELIGIBLE TO CHARGE VAT, ARE VAT INCLUDED (22%). ALL PRICES DO NOT INCLUDE DELIVERY COST, WHICH MAY BE CHARGED SEPARATELY. THE APPLICABLE PRICE IS THE ONE SHOWN IN THE SHOP CHART AT THE MOMENT OF THE PURCHASE DATE. TRAIL RUNNING MOVEMENT IS NOT RESPONSIBLE FOR ANY DAMAGES OCCURRED DURING DELIVERY OPERATIONS THROUGH EXTERNAL PROVIDERS.
RETURNED GOODS ARE ALLOWED WITHIN 30 DAYS FROM THE PRODUCT PURCHASE DATE. FOR REFUND POLICY SEE BELOW INSTRUCTION. TRAIL RUNNING MOVEMENT IS NEVER RESPONSIBLE AND DO NOT ADMIT ANY RETURNED GOOD ACQUIRED THROUGH OTHER THIRD PARTY WEB SITES (Partners, Affiliation, ..).
FREE SERVICES ARE NOT REFUNDED, NEITHER CAN BE ASSIGNED TO OTHER USER IN NO CIRCUMSTANCES.
TRAIL RUNNING MOVEMENT has implement a fraud detection process which aims to protect User purchase. Therefore extra email or telephone calls may be addressed to the User, also in cooperation with Third Party services, in order to verify User identity. Users will be solely asked to show a valid and legal identification document with a photo and maybe requested to double check identity via a web video call.
Disabling the service, withdrawal and refund
Users may discontinue the service at any time using the tools provided in the interface of TRAIL RUNNING MOVEMENT or by contacting the Owner directly to: email@example.com .When disabled, Users are not allowed to claim for payments already made even if these relate to unused portions of the service purchased. The Owner reserves the right, however, in its sole discretion and without involving charges or obligation to Users generally, to grant reimbursement in very exceptional cases after evaluating the specific circumstances of the case. In accordance with the right of withdrawal, the User may, within 14 days from the date of activation or payment of the service, make a refund request, by sending notice to the Owner via email firstname.lastname@example.org and in copy mail: email@example.com . The request should include all informations necessary to identify the purchase to which the claim relates. No request will be processed after 14 days. The Users is aware and accept that the refund calculation includes the deduction of TRAIL RUNNING MOVEMENT administrative expenses (50 euros), banking cost (up to 35 euros) and cost of all days that the Users has benefit. Days are calculate from the first day following the payment evidence or agreed starting day of the programme. Refunds will be made within 30 days after receipt of the request using the same payment method involved during the original purchase. For more information or for assistance regarding a refund request, the User is asked to contact the Owner via the contact information provided on TRAIL RUNNING MOVEMENT. The VAT cost (22%) is never refunded.
Methods of payment and billing
TRAIL RUNNING MOVEMENT uses third-party tools for its payment processing and billing and is not connected with any of the provided payment information – such as the credit card – in any way. If the owner of any of such third-party tools refuses to authorize a payment, the Owner cannot provide the Service and will therefore not be liable for any delay or failure to deliver.
The duration of the Service is indicated in the service or product description and/or at the moment of payment of the price and maybe confirmed in the Order Confirmation email sent by the Owner.
Changing the payment plan
Users are free to change the chosen payment plan at any time.
In case the User modifies their current payment plan, the portion of the previous plan that has not yet been used shall be converted into a bonus which can be applied to the plan the User is switching to, on a pro-rata basis and in the form of a free period.
If a currency conversion is required, the exchange rate of the change date shall apply. The exchange rate is the one established by the payment processor. In lack of such a rate, TRAIL RUNNING MOVEMENT will use the rate established by the European Central Bank at the moment of the relevant transaction.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability. The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of TRAIL RUNNING MOVEMENT and of its service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Third Party product promoted through TRAIL RUNNING MOVEMENT websites
Some Third Party’s products or services promoted in TRAIL RUNNING MOVEMENT website, with any available promotion way, may grant to the Owner a commission for using the Owner platform or leverage to TRAIL RUNNING MOVEMENT logo or “company name”. Although we receive a commission for using and linking Third Party products, all of the products are tested or verified thoroughly and only the ones that meet our standards are linked. All opinions stated are our own or agreed with the Partner or the Affiliation Marketing provider.
15. COMPLAINTS AND MISCELLANEOUS
These TOS constitute the entire agreement between you and TRAIL RUNNING MOVEMENT and supersede any prior written or oral agreement. Other than the TRAIL RUNNING MOVEMENT Representatives (who are expressly included as named third-party beneficiaries of the TOS), there are no third-party beneficiaries to the TOS.
ANY AND ALL CLAIMS, CAUSES OF ACTION OR DISPUTES (REGARDLESS OF THEORY) BETWEEN YOU AND TRAIL RUNNING MOVEMENT ARISING OUT OF OR RELATED TO THE TOS, TRAIL RUNNING MOVEMENT CONTENT ACCESSED THROUGH TRAIL RUNNING MOVEMENT WEBSITES SHALL BE GOVERNED BY THE ITALIAN LAW WITHOUT REGARD TO CONFLICT OR CHOICE OF LAW PRINCIPLES.
YOU AND TRAIL RUNNING MOVEMENT AGREE THAT ANY SUCH CLAIMS, CAUSES OF ACTION OR DISPUTES SHALL BE BROUGHT EXCLUSIVELY IN COURTS LOCATED IN MILAN – ITALY, AND YOU AND TRAIL RUNNING MOVEMENT AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF SUCH COURTS.
YOU FURTHER AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MUST FILE ANY SUCH CLAIM OR CAUSE OF ACTION WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. IF ANY PROVISION OF THE TOS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, ALL OTHER PROVISIONS OF THE TOS SHALL REMAIN IN FULL FORCE AND EFFECT.
If you have a complaint you can reported it by sending an email to firstname.lastname@example.org and should always outline the subject or circumstances of your complaint in details. In case of complaints related to content published on the Owner’s web site, we assume no responsibility or liability for any comments or User content uploaded or published by users. We have the right (but not the obligation) at our sole discretion to refuse or remove any comments, user content or other material that is uploaded, shared, submitted or posted in our web sites without the need to state our reasons for doing so.
Be Aware that if you are a European resident you may submit your complaints through a dedicated procedure accessible at this link: http://ec.europa.eu/consumers/odr
Termination and suspension
Notwithstanding the above, we will try to warn users that their access to our site and/or their membership may be suspended or terminated.
Use of the websites
You use our site and the services offered by us at you own risk. Our site, the content, the User or Partners’ content and other services offered by us are provided “as is” and on an “as available” basis. The content and information displayed on our site is provided without any warranties as to its completeness or accuracy. We do not guarantee that our site, content or process related to any service or product offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions. To the fullest extent permitted by law, TRAIL RUNNING MOVEMENT (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our web sites, including, without limitation, any liability for:
- Any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to: loss of revenue, income, profits or anticipated savings, contracts, business, goodwill, reputation, data or information;
- losses that are a not direct consequence of the breach of the Agreement by the Owner
- wasted management or office time;
- Damages or losses resulting from interruptions or malfunctions of TRAIL RUNNING MOVEMENT due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or applications;
- Incorrect or unsuitable use of TRAIL RUNNING MOVEMENT by Users or third parties.
- any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our web sites, the Content, the User Content or any services offered by us, or arising from any breach or suspected breach of these TOS by you or your violation of any law or third party rights.
17. VARIATION or CHANGE OF TERM OF SERVICE
We reserve the right to vary these Terms of Service from time to time. Such variations become effective immediately upon the posting of the varied Terms of Service on our site. By continuing to use our site you will be deemed to accept such variations.
19. EXCLUSION OF THIRD PARTY RIGHTS
These Terms of Service are not intended to benefit or be enforceable by any third party and no other Third Party Contract shall apply to these Terms of Service.
20. ASSIGNMENT OF CONTRACT
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these TOS, as long as the User’s rights under the TOS are not affected. Users may not assign or transfer their rights or obligations under these TOS in any way without the written permission of the Owner.
All communications relating to TRAIL RUNNING MOVEMENT must be sent using the contacts stated in this document.
22. ENTIRE AGREEMENT
23. LAW AND JURISDICTION
These TOS will be governed by Italian law, and any disputes will be subject to the exclusive jurisdiction of the Italian courts in Milan. All disputes concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the State and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
These Terms of Services (TOS) were last updated on June 2017