TERMS
TERMS AND CONDITIONS
You must read and accept these terms and conditions for the use of all services rendered to you by Endomondo ApS via the website www.endomondo.com.
- Endomondo and its service
Endomondo ApS is a limited company, incorporated under Danish law with the Danish Commerce and Companies Agency, company registration number 31 05 57 76, having its registered address at Kanonbaadsvej 12 A, DK-1437 Copenhagen K, Denmark (referred to as "Endomondo").
On the internet website available at www.endomondo.com (hereinafter referred to as the "Site"), Endomondo offers services that help you to make your sport experience more fun.
All services are rendered to and accessed by you via the internet by use of an applicable device (pc, mobile phone etc.) of your own choice.
All services are rendered to you under and in accordance with Danish law.
- Intellectual Property Rights
All contents featured or displayed on the Site, including but not limited to logos, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software are the property of Endomondo or Endomondo's business partners and are protected under the Danish Copyright Act (ophavsretsloven) and other legislation.
In the event you download software (including but not limited to mobile phone applications, screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the "Software") are licensed to you by Endomondo.
Endomondo does not transfer title to the Software to you.
You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Unauthorised reproduction, distribution or public display of the Site or any parts thereof or the Software is contrary to the Copyright Act and may result in civil and criminal sanctions. Nor is it permitted to remove messages or material available concerning copyright or the like from the Site.
Downloading and other digital reproduction of the Site contents or any parts thereof or the Software are only permitted for personal, non-commercial use, unless otherwise agreed with the Endomondo. However, public sports clubs may in connection with public sport events download and use the Software provided due and fair reference is made to Endomondo.
No reproduction of the Site contents by use of proxy servers is permitted.
Notwithstanding the above provisions, it is permitted to produce a few copies of the Software for private use in accordance with the provisions of the Copyright Act to this effect.
- Exclusion of liability
The information, services and Software on the Site is provided without any express or implied warranty of its correctness or completeness. Endomondo is also entitled to change, suspend or withdraw the contents of or any services, products described on the Site at any time without prior notice.
Endomondo is not liable for any communications between Endomondo and you.
If links are established to a third-party website, Endomondo is not liable for the contents of such third-party websites. This includes links to partner's website that may use Endomondo's logos as part of a co-branding agreement.
Endomondo cannot in any event be held liable in damages for any use of the Site or Software, including loss of income, business interruptions, loss of data, operational failures or similar losses.
- User submissions
All materials, information or other communications submitted by you on the Site will be considered non-confidential and non-exclusive and will not entitle the submitters to royalties. Endomondo can use such materials, information, etc., free of charge, including for granting licence for exploitation thereof, though with respect of your privacy - see section 6.
- Misuse
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libellous, invasion of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law.
You are also prohibited from using the Site to advertise or perform any commercial solicitation.
- Privacy and personal data
Endomondo shall observe the Danish Act on Processing of Personal Data (lov om behandling af personoplysninger) in its processing of personal data. The act adopts directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. You may contact Endomondo to get information on the data processed about you or to have the data deleted or corrected.
You allow Endomondo to anonymise your personal data and then copy, process, use, public display and distribute such anonymised data. Such anonymised data is, when anonymised, no longer considered "personal data".
You give your explicit consent that Endomondo may transfer content, including personal data, you actively choose to publish and make publicly available. Hence, data published and made publicly available by you will be accessible on the Site from any country in the world.
Endomondo's processing of your data is further described in our Privacy Policy, which is considered an integrated part of these terms and conditions. The Privacy Policy is available at the Site (www.endomondo.com/privacy).
- Marketing
Endomondo shall process all personal data received in a confidential manner and may not in any event pass on any such information to a third party.
Endomondo may not use the data for marketing purposes, including circulation of promotion e-mails, unless accepted by the user.
- Miscellaneous
Endomondo are entitled to revise these terms and conditions at any time.
Endomondo reserves the right, at its own discretion and without notice, to remove information from the Site and to discontinue the Site.
- Invalidity
Should any part of these terms and conditions be deemed unlawful or invalid and thus not enforceable, this will not affect the validity and enforcement of the remainder of the terms and conditions.
- Mobile Data Usage
Endomondo is not liable for any cost related to data traffic due to use of Endomondo Sports Tracker or the Site.
Endomondo respects the privacy of the visitors to Endomondo.com (hereinafter referred to as the "Site") and take great care to protect your personal data.
This privacy policy tells you what data we collect from you, how we may use it and the steps we take to ensure that it is protected.
- General collection of personal data
In order for Endomondo to provide you with a personal service we ask for your personal data, such as your name, address, date of birth, gender, email address, sports interests, etc.
To fully utilise our services we also encourage you to upload information about your activities such as GPS-data (map coordinates), date, time and time spent on your activity, etc.
All the above mentioned data will be available to you on our website.
- E-mail and SMS
Endomondo encourages you to be on our e-mailing and SMS list in order to receive e-mails/SMS with information, news and updates on our services.
We only send such e-mails/SMS to you provided that you have actively accepted (opted-in) this.
If you provide us with personal data about a third party, for instance if you invite your friends to join you in using Endomondo, we will only use such third-party data for the specific purpose (delivering the invitation). Endomondo will not contact the third party further unless the third party contacts us.
- Automatically collected data
When you visit the Site, we automatically collect data about your visit. This includes:
- Your IP address
- Pages you view and the order hereof
- Duration of your visit
- Website or search engine you came from
- Keyword(s) you entered in the search engine
- Your operating system as well as your browser type and version
- Your screen resolution and the number of colours used by your PC
- Whether your PC supports JavaScript and Flash
This information can be combined with information you have provided to us (for instance by registering), and will enable us to analyse and customise our services to you.
- Use of Visitor's Information
All personal data will be recorded, used and protected in accordance with our Terms and Conditions and this Privacy Policy.
- Data processing
All information and personal data are managed and controlled by
Endomondo ApS
Kanonbaadsvej 12
1437 Copenhagen K
Denmark
E-mail: info@endomondo.com
All data are stored and processed by Endomondo on servers located within the European Union.
If you are located outside the European Union, please note that the information you provide will be transferred to the European Union.
Endomondo may choose to enter into an agreement with a hosting provider within the European Union about storage and processing of data, including your personal data. Such agreement will be subject to applicable data protection legislation and this privacy policy.
- Data protection
In order to protect your personal data and all other information we have stored, we have implemented various security measures.
Your personal data is stored in a secure environment and treated confidentially.
The personal data is only accessible by a limited number of people, who have special access rights and are required to keep the information confidential.
Please keep in mind though that whenever you pass on personal information online there is a risk that third parties may intercept and use that information.
While Endomondo strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
- Children
Endomondo encourages parents and guardians to participate in and/or advise their children about their online activities.
Endomondo encourages children to get their parents and/or guardian's permission before disclosing any information to online media in general.
- Links to Third Parties
For your convenience and to improve the usage of the website we insert links to third-party websites, for which this privacy policy does not apply.
These links take you outside our service and off the Site and are beyond our control. This includes links to third-party websites that may use Endomondo's logos as part of a co-branding agreement.
Your visit/access to third-party websites is entirely at your own risk. Please note that these third-party websites may have their own privacy policy.
When we do link to a third-party website, this does not automatically imply that Endomondo endorses that website, its contents or products.
- Use of cookies
A cookie is a small string of information that is transferred to your computer for identification purposes.
Cookies can be used to follow your activity on the Site and that information helps us to understand your preferences and improve your experience.
Cookies are also used to remember for instance your user name and password.
You can turn off all cookies, in case you prefer not to receive them. You can also have your computer to warn you whenever cookies are being used. For both options you have to adjust your browser settings.
Endomondo uses cookies to enhance your use of the Site.
- Opt-out, delete or modify personal information
You may cancel your registration with Endomondo at any time, and you can choose to opt-out of receiving any e-mails and/or SMS messages from Endomondo.
Additionally you can choose to have all your personal data deleted from our database.
If you want to opt-out, delete or modify your personal data, please visit the registration page.
Endomondo encourages you promptly to update your personal data, if it changes.
- Changes
We may from time to time need to change this Privacy Policy.
You will be asked to accept changes to this Privacy Policy. If you do not accept such changes, you may be denied access to the Site in part or in whole.