Runfitness Marketing, Inc. and its partners (collectively, “RaceYaya,” “we,” “us,” or “our”) respect your privacy and are committed to protecting your personal information.
By visiting our websites or using any of our products or services, you agree that your personal information will be handled as described in this policy.
1. Personal Data We Collect
1.1 Personal Data You Provide Us
In order to sign up to use our Services, there is some Personal Data we obtain that you voluntarily provide to us. This Personal Data may include, but is not limited to, your contact information such as a first and last name, email address, postal address, and phone number; an account password; your date of birth; your gender; your social media account(s) information; your subscription preferences; your photographs, videos, or other content you or we contribute from your participation in events; your payment and billing information; your participation in or donation to a particular charity or charity event; your geo-location; your emergency contact information; your athletic performance in or your training performance for events; and/or information you include in public forums, messages, comments, searches, or queries through the Services.
From time to time, we may run a sweepstakes or contest through our Services, or ask you to complete questionnaires or surveys. We use the information you provide to administer the sweepstakes, contest or survey, to analyze the results, for research purposes, to send you other information or offers we think may be of interest to you, to comply with legal requirements, and for other purposes as described in this Policy.
1.2 Personal Data We Collect Automatically
Some Personal Data we collect automatically as you use our Services. This Personal Data may include, but is not limited to, your internet protocol (“IP”) addresses; your device and browser type; your internet service provider (“ISP”); your operating systems; statistics on your activities through the Services, such as your login frequency or the length of time spent logged in; information about how you came to our Services; advertising metrics and links clicked within the Services; and/or information collected through cookies, web beacons, and other technologies as described below under “7. Cookies, Web Beacons, and Other Technologies”.
1.3 Personal Data We Collect From Third Parties
We may also collect Personal Data about you from third-party sources such as, though not limited to, event organizers, event timers, and other commercially and publicly available sources. For example, if you click through our Services to register for an event, the event organizer may provide us with your name, contact information, age, gender, and race time. The information we receive from third parties may be combined with the information we collect, including personally identifiable information that we collect about you.
You may also be able to choose to link your account with certain third party applications, such as Facebook or Google. When you link your account to one of these third party applications, we will request permission to access your basic information such as your name, profile picture, gender, networks, user ID, list of friends, and any other information you’ve made public on that application. For more information regarding linking your account with third party applications, please see “3.7 Third Party Applications” below.
1.4 Personal Data From Your Mobile Device
We may provide features that rely on the use of additional information on your mobile device or require access to certain services through your mobile device that will enhance your experience but are not required to use the Services. Granting us access to this information does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. Some Personal Data from your mobile device, such as your mobile device ID, your operation system, your mobile carrier, and your IP address, are collected automatically when you use our Services. When using our Services through your mobile device, we will request permission to obtain your current location to provide you with location-related services. In the “Settings” function on your phone, you will have the ability to manually permit or preclude us from recording your geolocation information for certain features of the Services.
2. How We Use the Personal Data We Collect
2.1 Your Account
We may use the Personal Data that we receive or collect about you for purposes such as to register your account for certain Services we provide, to communicate with you about our Services for customer service purposes, to register you for events and provide event start lists and results, to help facilitate your participation in a charity event, to improve our Services by providing personalized experiences, location customization, personalized help and instructions, and for other customer service purposes. We may obtain additional Personal Data about you to keep our records current.
Third parties should note that we may use information we receive or collect regarding users (including without limitation via an event registration page) in accordance with the terms of this Policy. In certain contexts, we collect information on behalf of third parties that is subject to contractual requirements that limit our ability to use and transfer your information in ways that are narrower than those in this Policy. In those limited circumstances, your information is subject to those contractual requirements and not to this Policy, and is subject to enforcement by the applicable third party. If your information is collected on behalf of a third party, it will be evident at the time that you provide such information. This Policy does not cover a third party’s use of your information outside of our Services. You will need to contact that party directly to determine if your information is subject to such limitations on uses and to determine how the third party will make use of your information.
2.2 Our Business Use
We may use the Personal Data that we receive or collect about you for internal business purposes such as helping us improve the content and functionality of our Services, to better understand our users and how they use our Services, to improve the Services we offer, to develop new features or services, to manage your account, to provide you with customer service, to help improve our security and prevent fraud, to comply with all legal obligations and rights, and to generally manage the Services and our business.
2.3 Communications and Marketing
We may use the Personal Data that we receive or collect about you for communications purposes such as to provide you with information you have requested to receive from us in response to your opt-in requests, to send you electronic communications regarding events, news and updates, newsletters, and promotions, to send you promotional or marketing materials via electronic communications, to provide you with offers for third party products and services, and to inform you of new changes or updates to our Services. We may also use your Personal Data for marketing and advertising purposes such as advertising our Services on third party websites and in displaying targeted content and advertisements to you on or off our Services. For further information regarding electronic communications, please see “5.3 Opting Out of Electronic Communications” below.
3. How We Disclose and Transfer Your Personal Data
3.1 Not Selling Your Personal Data
We consider your trust in us regarding your Personal Data to be an important part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are some circumstances, however, where we may disclose, transfer, or share your Personal Data with a third party without notice to you, as described below.
3.2 Business Transfers
3.3 Parent Companies, Subsidiaries, and Affiliates
3.4 Contractors, Consultants, and Service Providers
3.5 Event Organizers
When you register for an event through an event page or through a page on our Services, we provide the Personal Data entered on the applicable page to the event organizer. If an event has a charity fundraising component to it, your Personal Data may be provided to that charity as well. An event organizer may appoint a third party, which may or may not be affiliated with the event organizer, to create an event page on its behalf, in which case, that third party may also have access to your Personal Data. By using our Services to register for an event, you agree that RaceYaya is not responsible for the actions of these event organizers or third parties they use with regards to your Personal Data. It is important that you review the applicable privacy policies of the event organizers, and if applicable, their appointed third parties, before providing Personal Data or other information in connection with an event.
3.6 Marketing Partners
We may share aggregate or anonymized information about users with third parties for marketing, advertising, research, or similar purposes. For example, if we display advertisements on behalf of a third party, we may share aggregate, demographic information with that third party about the users to whom we displayed the advertisements.
3.7 Third Party Applications
Some our Services allow you to connect your RaceYaya account to third party services, like Facebook or Googlemail for example, through Single Sign On authorization (“SSO”). If you choose to connect your account with a third party application, that third party application may have access to certain Personal Data including, but not limited to, your name, username, email address, location, and age. Connecting your account may also allow a third party application to collect your IP address, which page(s) you are visiting on our Services, and may set a cookie for its feature(s) to function properly. Additionally, that third party application may share some of your Personal Data on its service with RaceYaya, and your interactions with it on our Services may be shared with others within your social network. Depending on the application, your ability to adjust your account settings and the sharing of your Personal Data may reside in our Services or within the third party application. Please be aware that your ability to use SSO with third party applications may be impacted and/or prevented by any limitations you set with your Personal Data.
3.8 Legal Requirements
We may disclose your Personal Data if required to do so by law in order to respond to a subpoena or request from law enforcement, a court, or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect or defend our rights, interests, or property, or that of third parties, (iii) prevent or investigate possible wrongdoing in connection with our Services, (iv) act in urgent circumstances to protect the personal safety of users of our Services or the public, or (v) protect against legal liability.
4. How We Secure Your Personal Data
We take your security seriously and strive to take reasonable steps to protect your information. No data transmission over the internet or information storage technology can be guaranteed to be 100% secure. The following is a summary of the measures we take to protect the Personal Data you provide us and an explanation of ways we implement these measures. We continue to evaluate and implement enhancements in security technology and practices, however we can only take steps to help reduce the risks of unauthorized access. You can also take steps to protect your information and further minimize the likelihood that a security incident may occur.
4.1 Secure Socket Layer
We use Secure Socket Layer (“SSL”) encryption when transmitting certain kinds of information, such as payment information or Personal Data. An icon resembling a padlock is displayed in most browsers’ window or address bar during SSL transactions. For example, any time we ask for a credit card number for payment or for verification purposes, it will be SSL encrypted in its transmission to our third party payment gateway, Authorize.net. The information you provide will be stored securely on Authorize.net services. Once you choose to store or enter your credit card number in our Services, it will not be displayed back in entirety for any users. Instead of the entire number, you will only see asterisks and either the first four digits or the last four digits of your number.
4.2 Secure Storage
We maintain reasonable physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
4.3 Vendors and Partners
4.4 Employee and Contractor Access to Personal Data
We limit access to personal information about you only to those trained employees who we reasonably believe need to come into contact with that information to provide products and services to you in order to do their jobs.
5. Choices You Have Regarding Your Personal Data
5.1 Accessing, Updating, Correcting, or Deleting Your Personal Data
Upon request, we will provide you with information about whether we maintain, or process on behalf of a third party, any of your Personal Data. If your personal information changes, the Personal Data we collected about you is inaccurate, or if you wish to no longer use our services, you may also request that your Personal Data be corrected, amended, or deleted. Requests for access to your Personal Data and to have it corrected, amended, or deleted should be sent to [email protected] or to the mailing address provided under “Contacting Us”. We will try to meet all requests regarding Personal Data, however, you may not be able to remove your personal information from archived web pages we no longer maintain, such as your name and race time from past events you’ve competed in. If we are unable to complete your access request, we will let you know we are unable to do so and why. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
If your information has been shared with a third party, as described above, then that third party has received their own copy of your data. If you have been contacted by one of these third parties and wish to correct or request they delete your information, please contact them directly.
5.2 Limiting the Personal Data You Provide
You can browse our Services without providing any Personal Data (other than data automatically collected to the extent it is considered Personal Data under applicable laws) or by limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services.
5.3 Opting Out of Electronic Communications
RaceYaya may send you electronic communications marketing or advertising through the Services themselves or events on the Services. When you use our Services, you have the option of signing up for “RaceYaya News and Updates” and “Partner Offers” from us or other third parties. If at any time you would like to stop receiving the information that you have requested to receive from us, you may follow the opt-out instructions contained in any such electronic communication. Additionally, you may also manage your email preferences at any time through your account.
If you opt-out of receiving emails or promotions from us, we may still send you emails about your account or any Services you have requested or received from us, or for other customer services purposes. In addition, you may still receive emails sent by third parties through means other than our Services. If you opt-out of receiving information related to a particular event, you may still receive RaceYaya communications or communications from other organizers whose events you have attended, are registered to attend, or who have otherwise obtained your email address. You may have to unsubscribe from multiple emails before you stop receiving all communications related to events for which you registered through our Services.
5.4 Social Media Notifications
If you connect a third party application through SSO or sign up for other social media integrations, you may receive social notifications from these additional services or from RaceYaya’ Services. You can manage these social notifications by toggling your social settings to private or disconnecting such integration. For more information regarding connection of third party applications, see “3.7 Third Party Applications”.
6. Retention of Your Personal Data
We may retain your Personal Data as long as you are registered to use our Services. You may close your account by contacting us by email at [email protected] or by mail at the address listed under “13. Contact Us”. However, please be aware we may retain Personal Data for an additional period as required under applicable laws. After we delete your Personal Data, it may exist on backup or archival media or servers for an additional period of time for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.
7. Cookies, Web Beacons, Etc.
7.1 What Cookies and Web Beacons Are
7.3 Controlling Cookies
8. Children – is this applicable?
The Children’s Online Privacy Protection Act of 1998 and its rules (“COPPA”) requires us to inform parents and legal guardians about our practices for collecting, using, and disclosing personal information from children under the age of thirteen (13). In some countries, even higher age limits may apply. RaceYaya does not intend to collect Personal Data from children under the age of thirteen (13), or the otherwise applicable age limit if different in your country of location. If you are aware of a user under the age of thirteen (13) who has provided Personal Data through our Services, please contact us at [email protected] Parents and legal guardians may choose to provide information about their children, even if under the age of thirteen (13), for the purposes of event registration on our Services. Please be aware that the results of all events, including name, age, gender, and results time, are made publicly available and published online after an event’s completion.
9. International Privacy Laws
9.1 EU–U.S. and Swiss–U.S. Privacy Shield
RaceYaya complies with the EU–U.S. Privacy Shield Framework and the Swiss–U.S. Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. RaceYaya is responsible for the processing of personal data it receives under the Privacy Shield Framework, and subsequent transfers to a third party acting as an agent on its behalf. RaceYaya complies with the Privacy Shield principles for all onward transfers of personal data from the EU or Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, RaceYaya is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, RaceYaya may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
11.1 Personal Data Provided to Others
11.2 Third Party Links
11.3 Aggregated Personal Data
In an ongoing effort to better understand and serve the users of our Services, we often conduct research on our customer demographics, interests, and behavior based on Personal Data and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and we therefore consider and treat this data as Non-Personal Data.
13. Contacting Us
- By email at [email protected]
- By mail at:
ATTN: RaceYaya Privacy Team
67 Valenzuela St., San Juan City, Philippines
Terms of Service
By using, accessing or browsing the RACEYAYA webpage address (the “Site”), you signify that you have read these Terms of Service and agree to be bound by the same. Upon your use of the Site, these Terms of Service shall be a binding agreement between you and Rufitness Marketing, Inc. (hereinafter referred to as RaceYaya). If you do not agree or have reservations with respect to any provision of these Terms of Service, please exit this Site.
This Site is intended solely for the use of:
a) An individual at least 18 years of age who has the legal capacity to enter into binding agreements;
b) A corporation, branch office, or partnership registered and in good standing with the Philippine Securities and Exchange Commission (SEC), has a permanent place of business in the Philippines, and is duly represented by its designated account holder duly authorized to contract or fund loans on its behalf; or
c) A sole proprietorship duly registered with the Philippine Department of Trade and Industry (DTI).
By creating and maintaining an account with this Site, you represent and warrant that you possess at least one of the foregoing eligibility requirements. You likewise authorize the Company to use all necessary means to verify your identity with any third party providers of information.
II. Registration and Application
In creating your account, you agree to provide the true, current, complete and accurate information about yourself that is required by the registration or application form. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, reject any application you have submitted, and restrict your future use of this Site and our products and services. The Company reserves the right to reject any registration and/or in violation of these Terms of Service.
You agree that the following personal information (hereinafter referred to as “Personal Information”):
- First name, middle name, and last name
- Permanent and residential address,
- Contact number/s including a landline and mobile number,
- Email address and your desired password,
- Age, Payment information, such as credit card and/or financial account information, bank account details, and details of government-issued ID,
- Other profile data, such as occupation, gender and photo,
- Other information from which the Client’s identity may not be apparent or which may not reasonably and directly identify the Client, such as, but not limited to, records of the Client’s visits and information submitted when using the website
- Information of third parties, in each case with the consent and authority from th Client and to be used in emergency situations during an event and/or as may be specified therein,
- Information from third parties, in each case with the consent and authority from the Client;
- Traffic and usage information generated from the Client’s visits and use to the website;
a) The Personal Information may be collected through the following means: freely given, specific, and informed information provided by the Client upon visit any of the website and creating and/or accessing the same, cookies, flash cookies, tags, general log information, emails, Client browsing behavior, Client searches and transactions and referral information from third-party websites and other automated devices to collect information.
b) The Personal Information may be disclosed to the following: (i) RaceYaya, its sponsors and partners, affiliates and subsidiaries, agents (including collection agencies), and subcontractors; (ii) the government, regulatory agencies, and fraud prevention agencies for the purposes of identifying, preventing, detecting or tackling fraud, money laundering, or other crimes, and for other lawful purposes; and (iii) other entities as may be required by law or as the public interest may so warrant.
c) RaceYaya may use your Personal Information or other internet usage data as the RaceYaya may require in connection with the conduct of its business, such as, but not limited to: (i) identify you as user of the Site; (ii) contact you in relation to your registered account/s or requested information; (iii) processing your account/s as part of the registration process and/or participation in event/s; and (iv) to maintain internal records
d) RaceYaya shall dispose of your Personal Information for a period of one year from date of original entry in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interest. The foregoing constitutes your express consent in accordance with Republic Act No. 10173, otherwise referred to as the Data Privacy Act or 2012 and its Implementing Rules and Regulations (promulgated 24 August 2016) as well as other applicable confidentiality and data privacy laws of the Philippines. You agree to hold RaceYaya, its officers, directors and stockholders, free and harmless from any and all liabilities, damages, actions, claims, and suits in connection with the implementation or processing of Personal Information in relation to your consent or authorization under these Terms of Service.
IV. User Content
By submitting content to the Site, you expressly agree to the following:
a) You retain all ownership rights to the content you have uploaded on the Site.
b) You hereby grant RaceYaya a non-exclusive, transferable, sub-licensable, royalty-free, world license to use, reproduce, distribute, prepare derivative works of, display, and perform any information or content that you provide in connection with your use of the Site and its services, subject to the privacy provisions in these Terms of Service. You grant RaceYaya the right to review, delete, edit, modify, reformat, excerpt, or translate any of your information or content.
c) You are solely responsible for the content and information you make available through or in connection with our products and services. RaceYaya will not be liable for any use or misuse of your personal data by others.
d) All the information and content posted on the Site or privately transmitted through the Site or via other means in connection with the Site’s services are the sole responsibility of the person from which that content originated. RaceYaya will not be responsible for any errors in or omission of any information or content posted by a user.
e) RaceYaya may access and use the information recorded by credit reference and fraud prevention agencies for the purposes of assessing lending risks and identifying, preventing, detecting or tackling fraud, money laundering and other crimes.
V. Responsibility for Account
You are solely responsible for maintaining the confidentiality of your password and account.
By creating and maintaining your account, you agree to honor all activities performed and obligations contracted using your account. If there is an unauthorized use of your account or a breach of its security, you hereby undertake to notify RaceYaya of the relevant circumstances immediately.
VI. Liability for Account Misuse
RaceYaya will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by RaceYaya due to a third party using your account or password.
VII. Account Security
While RaceYaya has performed adequate safeguards as required under the Data Privacy Act of 2012, RaceYaya does not guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your Personal Information at your own risk.
VIII. Restrictions on Use
You agree to abide by all applicable laws and regulations in your use of the Site and its products and services. In addition, you agree that you will not do any of the following:
a) register for more than one account (unless the additional account is for purposes of applying for and registering for additional products or services, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
b) post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
c) post or otherwise make available content that in RaceYaya’s sole judgment and discretion is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose RaceYaya or users of the Site to any harm or liability of any type;
d) post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
e) use the information or content on our Site to send unwanted messages to any other user;
f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
g) post or otherwise make publicly available on the Site any personal or financial information of any third party;
h) solicit passwords or personally identifying information for commercial or unlawful purposes;
i) use the Site or our products and services in any manner that could damage, disable, overburden or impair the Site;
j) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means, including via the use automated scripts; or
k) post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
IX. No Warranty; Errors
The products and services on the Site are provided “as is” and without any representation or warranty. To the fullest extent permissible under applicable law, RaceYaya disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. RaceYaya does not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. RaceYaya does not guarantee and promise any specific results from use of the Site and its products and services. RaceYaya shall not be responsible for what users post on the Site or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content uploaded by other users on the Site. RUNRIO is not responsible for the conduct, whether online or offline, of any user of the Site or its products or services.
RaceYaya is not responsible for the accuracy of the information, content, products or services offered by, or the information practices employed by sites linked to or from the Site. Since third party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.
RaceYaya may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of these Terms of Service.
Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to RaceYaya or any third party.
XII. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall RaceYaya be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
RaceYaya shall not be liable to you for any loss or damage which you may suffer as a result of being a member of the Site, except where such loss or damage arises from our breach of these Terms of Service or was caused by gross negligence, willful default or fraud by the Company or employees. RaceYaya shall also not be responsible for any breach of these Terms of Service arising from circumstances outside our reasonable control.
XIII. Liability for Breach
You shall be liable for any loss or damage suffered by RaceYaya and its users as a result of:
a) your breach of these Terms of Service or any loan agreement you have entered into pursuant to the Site’s services;
b) your fraudulent use of the Site; and
c) your provision of inaccurate, false or fraudulent data.
XIV. Intellectual Property Rights
The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to RUNRIO, subject to copyright and other intellectual property rights under the laws of the Philippines, foreign laws and international conventions. You may not use, copy, or distribute of any of the Marks found on the Site unless otherwise expressly permitted.
XV. Changes to Terms of Service
RaceYaya may change these Terms of Service (“Updated Terms”) from time to time. Unless the changes in the Terms of Service are for legal or administrative reasons, RaceYaya will provide reasonable advance notice before the Updated Terms become effective by posting the Updated Terms on the Site.
Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
- In the event that any provision of these Terms of Service is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms of Service shall not be affected.
- You agree that all documents or notices that we wish to send you or are entitled to send you electronically may be delivered to your e-mail address which was provided upon registration.
- Subject to applicable law, all disclaimers, indemnities and exclusions in these Terms of Service shall survive termination of the agreement between us for any reason.
- No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
- Unless expressly agreed in writing otherwise, these Terms of Service set out the entire agreement between you and us with respect to your use of the Site and supersede any and all representations, communications and prior agreements (written or oral) made by you or us.
- These Terms of Service are governed by and construed in accordance with Philippine law. In the event of any matter or dispute arising out of or in connection with these Terms of Service, you and RaceYaya shall submit to the exclusive jurisdiction of the courts of San Juan City.
Last updated on June January 1, 2019
I confirm having read and understood and agree to the foregoing Terms of Service.
Terms of Service
Last Updated: November 1, 2019
Welcome to the family of websites, mobile applications, or anywhere else these Terms of Service are posted (collectively, the “ RaceYaya Site(s)”) where services are made available through the Site (“Services”) owned or operated by Runfitness Marketing, Inc., or its corporate parent(s), subsidiaries and affiliates (“RaceYaya” “we” “us” or “our”). The following terms and conditions, together with any other terms, conditions, rules, or guidelines posted within the Site or by use of the Services incorporated by reference (collectively, these “Terms of Service”), govern your access to and use of, including any content, functionality and Services offered on or through the RaceYaya Sites, whether as a guest or logged-in user.
RaceYaya is an e-commerce platform, event registration solutions, timing solutions, and participant services platform whereby users who are (1) event organizers, timers, and owners (hereby, called “Event Director(s)”) can create event landing pages, facilitate registration, payment, solicit donations, host results and photos and other technology services for events in order to provide such services to those who use the site and participate in such events (“Athlete(s)”), and whereby product owners/distributors (hereby called Sellers) can create product landing pages, facilitate selling and marketing, payment, and other technology services for their products in order to sell them to those who use the site and interested to purchase the said products (“Athlete(s)”)
RaceYaya and any subsidiaries and affiliates are collectively referred to herein as “we,” “us” or “our” and “you,” “or “your,” refers to collectively to all users of the RaceYaya Sites, including but not limited to Athletes, Sellers and Event Directors. Please note that special terms may apply to certain Services offered on the Site, including premium content that requires a membership, rules for particular promotions, or other features or activities and such terms will be posted on the applicable RaceYaya Sites. Any such terms are in addition to these Terms of Service, and in the event of any conflict, prevail over these Terms of Service.
Acceptance of the Terms of Service
Accessing the RaceYaya Sites, Registration and Account Security
We reserve the right to withdraw or amend the RaceYaya Sites, and any service or material we provide on the RaceYaya Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the RaceYaya Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the RaceYaya Sites, or the entire RaceYaya Sites, to users, including registered users.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Product Selling, Event Registrations, Purchases and Fees
RaceYaya provides the capability for Event Directors and Sellers to facilitate registration and payment for events, promotion and selling of products or services, including donations or other fundraising, but RaceYaya is not the organizer, seller or owner of the events/products themselves, unless otherwise indicated. The Event Director and Seller is solely responsible for all aspects of the event including ensuring the accuracy and completeness of all information posted about the event and ensuring the event is conducting in a manner that meets all applicable laws, rules and regulations.
If you wish to make a purchase of a product or register for an event through the RaceYaya Sites, you will be required to provide certain information, including credit card information, in order to complete the transaction. You agree to pay all charges and fees incurred by you, including any applicable taxes, processing or other fees. You represent and warrant that all information you provide will be accurate and you consent to RaceYaya providing such information to Event Directors and other third parties in order to facilitate the transaction. Event Directors may charge a non-refundable processing or service fee, which is either passed along to the athlete or included in the registration price and paid by the Event Director out of the registration proceeds. The processing fees paid by Athletes are not always the same as those charged by RaceYaya for use of the RaceYaya registration platform. Athletes may also be charged additional fees including facility, use, service, fulfillment or other fees as set by the Event Director. Please note that certain fees may be charged by your bank or credit card company including fees for purchasing event registrations or products or services in foreign currencies or from foreign Event Directors. RaceYaya recommends consulting with the appropriate financial institutions prior to consummating a transaction to understand all applicable fees, credit card charges and currency conversion rates (if applicable).
RaceYaya is not a party to and makes no representations or warranties with regard to any events, products or services sold by Event Directors or other third-parties through the RaceYaya Sites. RaceYaya will not be responsible for any costs or damages arising out of any interaction or transaction between the Event Director and the Athlete. RaceYaya is not responsible for vetting any Event Directors or their events, products or services and assumes no liability for any actions, inactions, or other activities of Event Directors or their employees, affiliates, contractors or related parties. Event Directors may impose additional terms and conditions with respect to their events, products and services.
Refunds and Event Cancellation
Event Directors are responsible for posting the applicable cancellation, refund, return and exchange policies for each of their events, products or services sold through the RaceYaya Sites. You understand and agree that Event Directors often reserve the right to cancel events for a variety of reasons including but to limited to poor weather conditions, acts or war, terrorism, riots or other reasons that would impact the safety or security of the participants and spectators. All event policies and rules are at the discretion of the Event Director and RaceYaya is not responsible in any way for such policies or rules.
If you need to request a refund or have any issues with respect to a purchase, please contact the Event Director for processing as the RaceYaya Sites only facilitate the transaction between the Athlete and the Event Director. RaceYaya shall have no liability to the Athlete or the Event Director for its actions or inactions in resolving or failing to resolve any disputes.
Event Video, Photography and Results
By participating in an event that uses the RaceYaya Sites for display of photography, video or results (“Athlete Images and Data”), you hereby grant RaceYaya a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your image and likeness in the Athlete Images and Data uploaded by Event Directors on or through the RaceYaya Sites.
If you are an Event Director or acting on behalf of an Event Director and you upload any Athlete Images and Data, you hereby grant RaceYaya a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the Athlete Images and Data on the RaceYaya Sites.
You may use the RaceYaya Sites only for lawful purposes and in accordance with these Terms of Service. You agree not to use the RaceYaya Sites:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Philippines or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards as set forth in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or ” spam” or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the RaceYaya Sites, or which, as determined by us, may harm RaceYaya or users of the RaceYaya Sites or expose them to liability.
Additionally, you agree not to:
- Use of the RaceYaya Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the RaceYaya Sites, including their ability to engage in real time activities through the RaceYaya Sites.
- Use any robot, spider or other automatic device, process or means to access the RaceYaya Sites for any purpose, including monitoring or copying any of the material on the RaceYaya Sites.
- Use any manual process to monitor or copy any of the material on the RaceYaya Sites or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the RaceYaya Sites.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the RaceYaya Sites, the server on which the RaceYaya Sites is stored, or any server, computer or database connected to the RaceYaya Sites.
- Attack the RaceYaya Sites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the RaceYaya Sites.
Any User Contributions you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the RaceYaya Sites, you grant us and our affiliates and service providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You understand that by posting, any messages, text, files, images, video, photos, sounds, or other materials on or through the RaceYaya Sites (“User Contributions”), you are granting RaceYaya, its subsidiaries, affiliates, assigns, agents, and licensees the irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Contributions.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not RaceYaya, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the RaceYaya Sites.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the RaceYaya Sites.
- Terminate or suspend your access to all or part of the RaceYaya Sites for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the RaceYaya Sites. YOU WAIVE AND HOLD HARMLESS RACEYAYA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RACEYAYA OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not review all material before it is posted on the RaceYaya Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any accuracy, action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
I. Copyright Infringement
Pursuant to the Digital Millennium Copyright Act (“DMCA”), RaceYaya has designated an agent (“Copyright Agent”) to receive notices of claimed copyright infringement. If you (or an agent authorized to act on your behalf) believe in good faith that your work on the RaceYaya Sites is used in a way that constitutes copyright infringement, please provide written notice to RaceYaya’ Copyright Agent by email to _ or by mail to RaceYaya, ___________________. Attn: Copyright Agent with the following information: (a) a physical or electronic signature of a person authorized to act on the copyright owner’s behalf; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the copyrighted work is located on the RaceYaya Sites, including if possible a URL; (d) your address, telephone number and email address; (e) a statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf. In accordance with the DMCA, RaceYaya may delete, remove or disable any infringing work, and may forward to the alleged infringer your written notice and its own notice that the work has been deleted, removed or disabled. RaceYaya reserves the right to terminate members who have posted infringing work.
Intellectual Property Rights
The entire contents of the RaceYaya Sites are copyrighted under the law as collective work and/or compilation. RaceYaya holds and owns the copyright and all other proprietary and intellectual property rights and title in and to the collective work, including but not limited to the pages, graphics, design, text, sound recordings, images, materials and content of the RaceYaya Sites, some of which may be trademarked. You agree that you will not copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from, any of the contents of the RaceYaya Sites, including any information, products or services, without RaceYaya’ express written consent. Subject to these and any other express restrictions with regard to specific material, you understand that you may download information concerning your RaceYaya Account, event or other information as allowed by RaceYaya applicable to my use of the RaceYaya Sites. You further agree that RaceYaya does not need to give me any further right to approve its uses of my User Contributions.
The RaceYaya name, logo and all related names, logos, product and service names, designs and slogans are trademarks of RaceYaya or its affiliates or licensors. You must not use such marks without the prior written permission of RaceYaya. All other names, logos, product and service names, designs and slogans on this RaceYaya Sites are the trademarks of their respective owners.
Reliance on Information Posted
The information presented on or through the RaceYaya Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the RaceYaya Sites, or by anyone who may be informed of any of its contents. We may update the content on the RaceYaya Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the RaceYaya Sites may be out of date at any given time, and we are under no obligation to update such material.
This RaceYaya Sites include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RaceYaya, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RaceYaya. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the RaceYaya Sites
If the RaceYaya Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party RaceYaya Sites linked to from the RaceYaya Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such RaceYaya Sites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the RaceYaya Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE RACEYAYA SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY RACEYAYA SITES LINKED TO IT.
YOUR USE OF THE RACEYAYA SITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES IS AT YOUR OWN RISK. THE RACEYAYA SITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE RACEYAYA NOR ANY PERSON ASSOCIATED WITH RACEYAYA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE RACEYAYA SITES. WITHOUT LIMITING THE FOREGOING, NEITHER RACEYAYA NOR ANYONE ASSOCIATED WITH RACEYAYA REPRESENTS OR WARRANTS THAT THE RACEYAYA SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RACEYAYA SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE RACEYAYA SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
RACEYAYA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL RACEYAYA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN OR SPECTATING AT ANY EVENT, THE USE, OR INABILITY TO USE, THE RACEYAYA SITES, ANY RACEYAYA SITES LINKED TO IT, ANY CONTENT ON THE RACEYAYA SITES OR SUCH OTHER RACEYAYA SITES OR ANY SERVICES OR PRODUCT OBTAINED THROUGH THE RACEYAYA SITES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless RaceYaya, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the RaceYaya Sites, including, but not limited to, your User Contributions, any use of the RaceYaya Sites’ content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the RaceYaya Sites.
Governing Law and Jurisdiction
All matters relating to the RaceYaya Sites and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Philippines without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the RaceYaya Sites shall be instituted exclusively in the Philippines in the city of San Juanalthough we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
Waiver and Severability
No waiver by RaceYaya of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RaceYaya to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Changes to Terms of Service
Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the RaceYaya Sites should be directed to [email protected]
Thank you for visiting the RaceYaya Sites.
© 2019 RaceYaya Inc. All rights reserved.
Race Waiver for Participants
I understand that participating in this event is potentially hazardous, and that I should not enter and participate unless I am medically able and properly trained.
In consideration of the acceptance of this entry, I assume full and complete responsibility for any injury or accident which may occur while I am traveling to or from the event, during the event, or while I am on the premises of the event. I also am aware of and assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, effect of weather, traffic, and conditions of the road. I, for myself and my heirs and executors, hereby waive, release and forever discharge the event organizers, sponsors, promoters, Runfitness Marketing, Inc.., the event sponsors, promoters and each of their agents, representatives, successors and assigns, and all other persons associated with the event, for my all liabilities, claims, actions, or damages that I may now or in the future have against them arising out of or in any way connected with my participation in this event. I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise. I understand that the entry fee is non-refundable and non-transferable. I hereby grant full permission to any and all of the above parties to use any photographs, videotapes, motion pictures, website images, recordings or any other record of this event.
I also understand that any registration fees and costs charged to me are non-refundable for whatever reason and are non-transferable.
I hereby confirm my acceptance of the foregoing undertakings and bind myself accordingly. In ticking the acceptance button, I confirm that I am the same person in this entry, I medically able and properly trained and physically fit to participate in this event, and that I read and understood this document and give my consent freely and voluntarily.