Terms Of Use
These terms were last updated – 30-10-2023
Thank you for accessing http://www.realbuzz.com or https://www.runwithrealbuzz.com (the “Websites”) and/or myrealbuzz (the “app”). Please read these Terms of Use (“Terms of Use”) carefully before using the Website and/or app which is operated by Realbuzz Group Ltd. (registered number 11951356), whose registered office is at Office 9, Shiftworks, 14 Upper Northgate Street, Chester, CH1 4EE, United Kingdom (“we”, “us” or “our”). We offer this Website and its app, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Websites. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Websites and/or app or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
You can review the most current version of the Terms of Use at any time at this page.
By using the Websites, you acknowledge you have read, understood and are accepting these Terms of Use without limitation or qualification in consideration of which we provide you with access. From time to time we may modify these Terms of Use so please continue to review them whenever accessing or using the Websites and/or app.
Certain portions of the Websites and/or app may be subject to additional terms and conditions specified by us from time to time; your use of the Websites and/or app is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
If these Terms of Use are considered an offer by any court of law, acceptance is expressly limited to these Terms of Use. From time to time we may run competitions and promotions via the Websites and/or app. Separate Terms of Use will be posted where applicable governing such competitions and promotions.
You must be at least 13 years old or the legal age to form a binding contract in your jurisdiction if that age is greater than 13 years of age to use the Websites and/or app. By using this Websites and/or app and any Services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
1. While we have endeavoured to ensure the accuracy of information on the Websites, we are not responsible and do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Websites and/or app including information provided by experts or contributors to the Websites. The Websites and/or app “Content” including text, software, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks, tools, resources, features and other materials are provided “as is” without any warranties or representations of any kind unless specifically stated. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
2. We have no control over or responsibility for websites to which the Websites and/or app is linked. Your use of such third party websites is at your sole risk and is subject to the terms and conditions of use of such sites.
3. We are the owner or the licensee of all intellectual property rights in the Websites and/or app and its Content, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Websites for your personal, non-commercial reference and you may draw the attention of others within your organisation to material posted on the Websites.
You acquire no rights or licences in or to the Websites and its app and / or the Content other than the limited right to use the Websites in accordance with these Terms of use.
You shall not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you shall not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Websites and/or app content. Our status (and that of any identified experts or contributors) as the authors of material on the Websites and/or app shall always be acknowledged.
You shall not use any part of the materials on the Websites for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of the Websites and/or app in breach of these Terms of Use, your right to use the Websites and/or app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
All rights of Realbuzz Group Ltd. not expressly granted in these Terms of Use are reserved to Realbuzz and its licensors.
4. Access to the Websites and/or app is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on the Websites and/or app without notice and for any reason. We will not be liable if for any reason the Websites and/or app is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users who have registered with us (“Members”). In order to access the app you must be a Member. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
5. In order to access some features of the Websites and/or app or other services, you will have to create a realbuzz.com account. When registering and creating your account you consent to us processing your user identity and details, you must provide accurate and complete personally identifiable information and ensure that this information is kept accurate and up-to-date at all times. How we store and use your personally identifiable information is specified in our Privacy policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy. We reserve the right to terminate your membership if we learn that you have provided false or misleading registration information. You are solely responsible (to us and to others) for all activity that occurs under your realbuzz.com account, therefore it is important that you keep your account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your realbuzz.com account that you become aware of.
6. When registering and creating your account you must select a username, we reserve the right to force forfeiture of any username for any reason. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password (collectively, a “User ID”). We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our subsidiaries, entities owned, related to or controlled by Realbuzz Group Ltd, its officers, directors, employees, consultants, staff, agents, and representatives due to someone else’s use of your account or password. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose.
7. You must not disrupt the functioning of the Websites and/or app, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the Websites. Other than connecting to Realbuzz Group Ltd servers by HTTP requests using a web browser, you may not attempt to gain access to Realbuzz Group Ltd servers by any other means, including, without limitation, by using administrator passwords or by acting as an administrator while using the Websites or otherwise.
8. By sharing any contribution (including any text, photographs, graphics, video or audio -“User Generated Content”) with the Websites and/or app you agree to grant the Websites and/or app, free of charge, permission to use the material in any way it wants (including modifying and adapting it). Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it. In order that the Websites and/or app can use your contribution, you confirm that your contribution is your own original work, is not defamatory and is lawful in the country to which you are resident, that you have the right to give the Websites permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16 (or the age required in your jurisdiction to enter into a contract).
9. By submitting User Generated Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with your User Generated Content. We reserve the right to display advertisements in connection with your User Generated Content and to use your User Generated Content for advertising and promotional purposes.
10. Responsibility for User Generated Content that is posted on the Websites and/or app lies with each user – users alone are responsible for the content of their submissions and the consequences of any such contributions. Realbuzz Group cannot and does not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We make no representations concerning and are under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Generated Content by third parties, including by or through search engines. You expressly waive any and all claims you may have against Realbuzz Group and release Realbuzz Group from any and all liability arising from or related to the User Generated Content, including any exploitation of the User Generated Content by a third party, whether or not authorized by Realbuzz Group.
11. Prohibited content – you must not upload, post, or otherwise transmit to the Websites and/or app any Content that, as determined by Realbuzz Group Ltd in its sole discretion is:
11.1 Untrue, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
11.2 Contains hostility or prejudice towards a person’s disability, religion or belief, sexual orientation or transgender identity;
11.3 infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
11.4 of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
11.5 unsolicited, undisclosed or unauthorised advertising;
11.6 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;
11.7 data or information obtained through access that was not authorised by the owner, or that you are not authorised to post; or
11.8 in violation of any applicable local, national or international law (including export laws).
If you find any content on the Websites and/or app that meets any of the points outlined above, please use the report icon or get in touch via the contact us form and we will investigate the content and the author further and action as appropriate.
We reserve the right to remove inappropriate material or information posted by any users. We also reserve the right to terminate, without warning, records of users which we consider in our sole discretion to be misusing the Websites and/or app, or of those who are in breach of these Terms. Terminated users will be prevented from re-registering on the Websites and/or app.
You (whether a Member or otherwise) agree to indemnify, defend and hold harmless
Realbuzz Group Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12. Those registered to the Websites and/or app will be able to contact other Members if they wish to converse with other Members with similar interests or goals by using our internal messaging system. If you use this option, you warrant not to send “spam” or other unwanted solicitations, or any other Prohibited Content. Please refer to Section 11, which details Prohibited Content. Members found to be in breach of such warranty will indemnify us in respect of any liabilities incurred as a result of such breach and may be stripped of their membership. We are not responsible for the content of personal messages or email messages sent to you by our users or from a third party.
13. You must not misuse the Websites and/or app by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites and/or app, the server on which the Websites and/or app is stored or any server, computer or database connected to the Websites. You must not attack the Websites and/or app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Websites will cease immediately. 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 Websites or to your downloading of any material posted on it, or on any websites linked to it.
14. We reserve the right to terminate or restrict your access to the Websites and/or app at any time without notice for any reason whatsoever. The Websites and/or app shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as specified in our Privacy policy. If you become a registered Member, you may terminate your membership at any time.
15. You acknowledge that access to the Websites and/or app is provided free of charge. If you are dissatisfied with the Websites and/or app, these Terms of use or any of the Content your sole remedy is to discontinue use of the Websites and/or app. Save in respect of fraud and of personal injury or death to the extent it results from our negligence, we accept no liability to you whatsoever whether based on warranty, contract, tort or otherwise. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
16. The Websites and/or app is not directed at any person in any jurisdiction where for any reason the publication or availability of the Websites and/or app is prohibited. Those in respect of whom such prohibitions apply must not access the Websites and/or app. We do not represent that either the Websites and/or app or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Websites and/or app do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
17. You agree to indemnify, defend, and hold us harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such claim, suit, action or other proceeding brought against us is based on or arises in connection with your use of the Websites and/or app, any breach by you of these Terms of use or a claim that your use of the Websites infringes any intellectual property rights of any third party or is libellous or defamatory, or otherwise results in injury or damage to any third party.
18. DISCLAIMER:
18.1 Neither Realbuzz Group Ltd, nor any party involved in creating, producing, delivering or maintaining this Websites and/or app and any content thereon shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of or relating to access to (i) the use of, or inability to use this Websites and/or app or any information, services or content available thereon or which can be reached by using this Websites and/or app as a starting point, (ii) the breach of any representation or warranty, (iii) the use or downloading of any software or application owned or operated by Realbuzz Group Ltd or any third party, in connection with this site, or (iv) any errors or omissions in the information, services or content, whether based on warranty, contract, negligence, tort, or any other legal theory, and whether or not Realbuzz Group Ltd, any participating organization or any party involved in creating, producing, delivering or maintaining this Websites and/or app or any information, services or content thereon is advised of the possibility of such damages. This limitation includes, but is not limited to, personal injury, including death and disability as well as damages to personal property.
18.2 All content within the Websites and/or app is provided in good faith and is for general information only, and must not be treated as a substitute for professional medical, health or nutritional advice, examination, diagnosis or treatment.
18.3 Reliance or use of the content on the websites is solely at your own risk. Realbuzz Group Ltd and/or its associated companies are not responsible or liable for any diagnosis, advice or recommendation made by a user based on the content of the Websites.
18.4 Realbuzz Group Ltd or its associated companies is not liable for the contents of any external internet sites listed, nor does it endorse any commercial product or service mentioned or advised on any of the sites.
18.5 Always consult your own doctor or any other health professional before starting a new exercise regime or new treatment or making any changes to existing treatment.
18.6 Always consult your own doctor or any other health professional if you’re in any way concerned about your health.
19. Occasionally we may choose to publish articles or features that some site visitors may find offensive. Realbuzz Group does not intend to offend any Websites and/or app visitors, therefore recommends to any site visitors that finds the content (or it’s tone) offensive that they no longer visit the Websites and/or app.
20. There are several areas on the Websites and/or app where users may post Content which can be viewed by anyone who visits the Websites and/or app (whether or not they are registered members). In using these, you agree to the following: respect everyone’s opinion, give everyone the same courtesy you’d expect in return, not to “stalk” or otherwise harass one another, not to collect or store personal data about other users; not to use profane or explicit content; not to post text/images/video that might be considered inappropriate; not to post communications that could be considered harassment or intimidation of any member; not to post advertisements or promote products commercially. Please refer to section 11, which details Prohibited Content.
The Websites and/or app has the right to edit or remove any Content in our sole discretion if it does not meet these standards or we deem it inappropriate. We will not enter into any discussions about a decision to edit or delete such material. The Websites and/or app may at any time, and without prior or post warning, close discussions/communication as it feels appropriate. The Websites and/or app does not endorse any information posted by Members, and these do not necessarily reflect the views of Realbuzz Group Ltd.
21. The Website’s and app’s Terms of use are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
22.1 In no case shall Realbuzz Group Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Websites, any service, content or product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
22.2 This does not include or limit in any way our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
23. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
24. VIRTUAL EVENTS DISCLAIMER:
24.1 To enter a realbuzz.com Virtual Event you must be over 18 years of age. Entrants under the age of 18 must seek permission from a parent or guardian before entering.
24.2 You are responsible for providing accurate address information when entering an event. A small administration fee may be charged for address changes for the purpose of medal postage.
24.3 You confirm that you are at the required level of physical fitness required to take part in a virtual event before entering, and that you have accurately answered to the best of your knowledge the medical questionnaire presented to entrants in all virtual events.
24.4 You accept that Realbuzz Group and all associated partners will not be liable for any injury, damage or death that occurs as a result of taking part in a virtual event.
24.5 You accept that the virtual event service is limited to the provision of the online platform for entering and submitting the results of an event, and where applicable the delivery of a medal to the postal address provided. No standard event services such as a designated course or event personnel will be provided.
24.6 All entries are only applicable to the initial entrant, and cannot be transferred to another individual. Invalid transferred entries will be automatically voided.
24.7 All paid entry fees for virtual events are final and refunds are not available under any circumstances.
24.8 You agree to follow all relevant and up-to-date guidance provided by your local health authority. This may include, but not be limited to, maintaining social distancing while taking part in your Virtual Event.
24.9 You agree that when taking part in a third party Virtual Event your details may be passed to the relevant third party for the purposes of fulfilling your Virtual Event process.
25. These Terms of use and any policies or operating rules posted by us on the Websites and/or app or in respect to content or services constitutes the entire agreement and understanding between you and us and govern your use of the Websites and/or app, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).