Terms of use
1. RunRunPromos® PLATFORM
RunRunPromos® is a marketing technology platform owned by RunRunPromos S.L (hereinafter the“ Company” or “we”) a company duly incorporated and existing under the Laws of Spain with business office at C/Pujades 51-55, 2nd floor, 08005 (Barcelona), and registered with the Commercial Registry of Barcelona with the following data: volume 44051, folio 0135, sheet 445749 and company number B-66162181.
2. PURPOSE
2.1. The Company is pleased to provide Advertisers, Agencies and Contractors, as defined in the following section (hereinafter “User Client” or “the User”) access to the RunRunPromos® Website Platform (hereinafter the “Platform” or “RunRunPromos®”) and use of RunRunPromos® software features and tools in order to create and customize powerful promotional marketing campaigns that could be online digitally managed through specific promotional sites.
2.2. Access to and use of this Platform as well as the information, products, services, materials and content available to this Platform are subject to all applicable laws and regulations and to these Terms of Use.
2.3. Terms of Use herein define Company's obligations to its Users and User's obligations to the Company.
3. DEFINITIONS
3.1 RunRunPromos® Website Platform: is www.runrunpromos.com including certain non public areas accessible by authorized users only.
3.2 RunRunPromos® Software: shall mean RunRunPromos® application services, which are subject to a license terms and conditions, including any updates, upgrades or new versions thereof to be used on the Internet through mobile devices, personal computers, tablets and any other device in which software functionality could be enabled.
3.3 Website Contents: is all materials on the Website, including without limitation; text, images, software applications and all modifications and enhancements thereof.
3.4 User Client: is the direct User of the RunRunPromos®, specifically Advertisers, Agencies and Contractors as defined below.
3.5 Advertiser: is the User Client of RunRunPromos® who, once registered on the Website Platform, will be able to create and customize one or more programs in order to advertise a specific product based on the categories of services offered by the Platform according to the specifications provided by the section VI of the Terms of Use herein.
3.6 Agency: is the User Client of RunRunPromos® acting as an agent on behalf of one advertiser or a group of advertisers. Agencies are able to create and integrally manage one or more programs using the categories of services offered by the Platform.
3.7 Contractor: is the User Client of RunRunPromos® acting on behalf of one advertiser or agency, as well as a group of agencies or a group of advertisers. Contractors are able to create, process and manage programs for the represented parties.
3.8 Participant: is the end user of the promotions created by Advertisers, Agencies and Contractors through the RunRunPromos® platform.
4. ACCEPTANCE OF TERMS OF USE
4.1. The User acknowledges having read and understood the Terms of Use herein which governs the use to the Platform and constitutes the entirety agreement between the User and the Company.
4.2. In addition to the Terms of Use herein User must abide by RunRunPromos® Privacy Policy as well as by all regulations, specific conditions and other policies the Company post on the Platform.
4.3. By using the Platform, User expressly agrees to be bound by the Terms of Use in their entirety and without exception.
4.4. Terms of Use may be changed by the Company from time to time without specific notice to Users. The latest Terms of Use will be posted on the Platform. It is important that User regularly read Platform's Terms of Use to ensure the awareness of any modifications that might have been made to the Platform conditions of use.
4.5. User acknowledges and agrees that access to this Platform and the use of any information materials, products or services provided through the Platform is not intended, and is prohibited, where such access or use infringe applicable laws and regulations.
5. USER ACCOUNT REGISTRATION
5.1. Upon registration, User represents and warrants to the Company that User is of legal age to form and binding contract.
5.2. User is obliged to provide RunRunPromos® with accurate, current and complete registration information. You can register by visiting RunRunPromos® Website platform and clicking on the sign up button. User must then fill in the registration form and create a password to obtain personalized credentials for accessing the Platform services.
5.3. User acknowledges and agrees RunRunPromos® may use access credentials in order to authenticate User on the RunRunPromos® Website platform. Users are responsible for access/use of RunRunPromos® Platform through their credentials. It is the User, not RunRunPromos®, the responsible for maintaining and protecting User credentials and all information related to User's account. User should immediately notify RunRunPromos®, of any unauthorized use related to the access account or if User's email or password has been hacked or stolen. If User discovers that someone is using a password or account without consent, or any other breach of security, User agrees to notify RunRunPromos® immediately through the contact point available in the platform. In addition RunRunPromos® provides the User with a system to reset access credentials.
5.4. User acknowledges and agrees that RunRunPromos® could suspend or terminate User's registration or access to the Platform services, with or without notice, in the event that exists reasonable suspicion of User improper use of the platform as well as for infringement of any of the conditions set forth by the Terms of Use herein.
6. PLATFORM FEATURES & SERVICES
6.1. The services offered by the Platform to which Users may subscribe in the RunRunPromos® Platform are classified in specific categories that Users may use to create, customize organize and manage its own promotions Thus, Users may create promotions with different mechanics, such as, contest promotions, cash-back promotions, incentive promotions, among others.
6.2. The specific functionalities of types of promotion as well as characteristics and benefits of the categories and periods of subscription are described directly in the RunRunPromos® Platform.
6.3. For certain categories of subscription (duly noted and specified in the Platform), RunRunPromos® will have full right over Participant's data in order to use them for commercial and statistical purposes as well as to dispose, arrange and decide about Participant's data as best suits RunRunPromos® interests with the limits established by the applicable laws and regulations on protection of personal data.
6.4. RunRunPromos® may offer pro bono services for non-governmental organizations (NGO's). The eligible categories or services for which the pro bono benefit will apply shall be duly noted and specified in the Platform. In order to file for the pro bono services, RunRunPromos® provides the NGO's with a form that must be filled with specific information in order to process the request. Every pro bono application is subject to RunRunPromos®'s approval. In connection with this, RunRunPromos® is not obliged and under no circumstances could be required to compulsorily provide pro bono services.
7. SUPPORT SERVICES
7.1 RunRunPromos® Platform provides on-line support and assistance to Users, including troubleshooting information and problem diagnosis tools. If a technical problem occurs, the User may employ the on-line support available in the Platform.
7.2 RunRunPromos® reserves the right to exclude certain categories of subscription from the provision of support and assistance services. If a category of subscription is not eligible for support and assistance services, this will be specifically indicate in the description of the concerned category of subscription.
8. USER CLIENT'S CONTENT
8.1. The information submitted by the User and any data, photographs, text, graphics, video, and other material post by the User (User Content) in the Platform remain User's intellectual property and thus RunRunPromos® does not claim any ownership of the copyright or other proprietary rights in that User Content. In any case, User agrees that RunRunPromos® may host and retain User Content as reasonably necessary for operation of the Platform as stated in this Terms of Use and in RunRunPromos® Privacy Policy. In connection with this, User grants RunRunPromos® a non-exclusive, worldwide, transferable right to publish, distribute and publicly display the uploaded content for the sole purpose of providing the service required by the User when access and uses any of the Platform services and RunRunPromos® software's features and tools.
8.2. In any case, Users acknowledge and agree that are themselves liable for any User content published on the Platform. Users shall verify and assure that all content uploaded or published in the Platform is legal. Specifically, User responsibilities with respect to any User Content include ensuring compliance with all applicable data privacy and protection laws, as well as with reliability, appropriateness, originality and copyright. For purposes of applicable privacy and data protection laws, User will be considered the Data Controller of all User Content and shall be solely liable in all respects for any infringement of the privacy and data protection rights of Participants as well as other individuals whose personal data is included in User Content. In addition, User may not upload to, distribute, grant access to or otherwise publish through the Platform User Content that has the consideration of confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; may constitute or encourage a criminal offense; may contain software viruses, political campaigning or any form of spam.
8.3. User liability comprises also ensuring compliance with applicable rules and regulations governing the promotion including but not limited to obtaining the necessary regulatory approvals in the country(ies) in which the promotion is going to take place.
8.4. Subject to the provisions of the Spanish Law 34/2002 on Information Society Services and Electronic Commerce, RunRunPromos® reserves the right, as its sole discretion and based on a previous effective knowledge, to withdraw any illegal and/or inappropriate content and to suspend or interrupt User’s access to the Platform with or without prior notice or explanation and without incurring any liability affecting RunRunPromos®.
9. LICENSE TO USE RunRunPromos®
9.1. Subject to this Terms of Use and our corporate policies, the Company grant User a limited, non-exclusive, non-transferable and revocable license to use RunRunPromos® software services upon registration. In connection with this, RunRunPromos® software services are licensed, not sold, and thus User obtains no rights in relation to the software, except as the rights of use described herein. In connection with this, User shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the RunRunPromos® software.
10. FEES AND PAYMENTS
10.1. User shall pay RunRunPromos® applicable fees and, if applicable, any related taxes when use or engage RunRunPromos® Platform Services.
10.2. Prices of any category of subscription as well as invoicing information will be displayed during the registration process and before engaging in any transaction on the platform.
10.3. In order to engage Platform Services, RunRunPromos® has implemented a method of online payment via virtual purse. Your virtual purse, which is linked to your User's account, can be topped up in the terms and with the amounts indicated by RunRunPromos® during the registration and/or engagement process of any of the Platform services. Every time you use RunRunPromos® services, the cost of that service will be deducted from the current balance of your virtual purse account. RunRunPromos® will invoice you for the total amounts topped up in your account.
10.4. User acknowledges and agrees that RunRunPromos® may change its fees at any time by publishing written notice on the Platform. User authorizes RunRunPromos® to charge the applicable fees and agree that RunRunPromos® and its authorized affiliates processing Platform transactions to store User payment card information.
10.5. If for any reason User's payment card issuer does not make effective charges, User will remain directly liable to RunRunPromos® for all unpaid amounts.
10.6. Nonpayment of any fees or other sums due to RunRunPromos® will result in service termination. RunRunPromos® may, at its own discretion, appoint an external debt collection agency to regain due amounts. User agrees to reimburse RunRunPromos® for all costs incurred in enforcing our collecting of unpaid amounts, including debt collection agency fees, reasonable attorneys' legal fees and even Court costs.
10.7. All Platform's services and User rights to use them will not be available when your virtual purse account and/or your User’s account expired or is cancelled, under the Terms and Conditions herein.
11. CANCELLATION OF SERVICES
11.1 Once we have accepted User's purchase/subscription order and payment, services cannot be cancelled until the end of the services period selected by the User.
11.2 Cancellation can only be made by written request to our customer service department through the contact point available for Users in the Platform, Notwithstanding, we may cancel your subscription immediately at our reasonable discretion or if you breach any of your obligations under this terms and conditions.
11.3 Cancellation of the services by the User will not imply reimbursement of the amounts that User might have paid as consideration for the services of the platform. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
12. EXCLUSION OF LIABILITY
12.1. Due to technical uncertainties of the Internet, RunRunPromos® reserve the right to temporarily suspend the use of the Platform for technical reasons or maintenance. The suspension of services does not confer any right to compensation to the User, although RunRunPromos® shall use its best efforts to limit possible suspension or interruptions. In addition, RunRunPromos® retain the right to implement any changes to RunRunPromos® software and services at any time, with or without notice. User acknowledges and agrees that it is possible RunRunPromos® carry out certain actions that may prevent User from accessing the Platform at certain times for limited periods, therefore User agrees that RunRunPromos® shall not be responsible or liable as a results of any of such actions including, without limitation, for deletion or failure to make available, any of the Platform content or services.
12.2. RunRunPromos® makes no representations about the results obtained from using the Platform and/or RunRunPromos® software services; meaning that Platform services and RunRunPromos® software are provided on "AS IS" and "AS AVAILABLE" basis. Therefore, under no circumstances may RunRunPromos® or its directors, officers, employees or representatives be held liable for any incidental or consequential damage, including but not limited to any loss of profits, loss of data or business opportunities resulting from the use of the Platform and/or RunRunPromos® software services.
12.3. In addition, RunRunPromos® shall not be liable as a result of any infringement regarding processing of personal data belonging to Participants, when such infringement is directly related to the obligations that User is required to comply when intervene as Data Controller or as Data Processor with respect to third parties for which the User acts on behalf.
12.4. For some categories of subscription, RunRunPromos® may provide Users with a generic template of a Promotion's Terms & Conditions. The document provided is an indicative template and not replaces legal advice. In connection with this, Users are directly responsible to adapt the Terms & Conditions's template to the requirements of the applicable Law in which the promotional activity will be taking place. RunRunPromos® is not responsible for any use made of the template.
13. PRIVACY & COOKIES POLICY
13.1. By agreeing to these Terms of Use, User acknowledges having read and understood the terms of our Privacy and Cookies Policy and agrees with it Privacy Policy.
14. INTELLECTUAL PROPERTY
13.1 RunRunPromos® is the owner or licensee of all right, title and interest in and to the RunRunPromos® Website Platform, Contents and Software as well as all modifications and enhancements thereof, including all trademarks, trade names, trade secrets, copyrights and any other industrial and/or intellectual property rights pertaining thereto. Terms of Use herein do not provide Users with title or ownership of the RunRunPromos® Website Platform, Contents and/or Software, but only a right of limited use in accordance with these Terms of Use. In connection with this, User may not use, display, reproduce, create derivative works of, re-license, sell or distribute RunRunPromos® Website Platform, Contents and Software or any portion thereof, except as otherwise provided in these Terms of Use.
13.2 User acknowledge and agree that the RunRunPromos® Website Platform, Contents and Software consists of proprietary products of RunRunPromos® or has been licensed to RunRunPromos® by third parties, which are protected under copyright law. User acknowledge that RunRunPromos® does not grant any license or other right to use any of its trademarks, service marks, copyrightable material, or other intellectual property, except as expressly provided in the Terms of Use herein.
13.3 User acknowledge that, in the event of breaching of any of the provisions set forth by this section, RunRunPromos® will be entitled to obtain an injunction against such breach from any competent Court or jurisdiction immediately upon request.
15. INDEMNITY
14.1 User will indemnify RunRunPromos® for any liability arising from any loss, liabilities, costs, damages or other expenses howsoever incurred by RunRunPromos® in connection with, or arising directly or indirectly as a result of, User breach of these Terms of Use as well as by User use of or access to RunRunPromos® Platform.
15. GOVERNING LAW AND JURISDICTION
15.1 The terms and conditions herein are governed and construed in accordance with their own content and by the Laws of Spain. In case of divergence as regards the interpretation of these Terms of Use, Barcelona City Courts shall have jurisdiction to hear any disputes that may arise.