Date of last revision: August 2019
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY CHINOEASY PLATFORM.
If you live in any of the following countries, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country within the Terms when applicable. These additional terms override the Terms below to the extent of any inconsistency.
Argentina, Australia, Brazil, Canada, Colombia, Korea, all European countries (including specific terms for Austria, Belgium, France, Germany, Hungary, Italy, Poland, Switzerland), Japan and Philippines.
Welcome to the CHINOEASY community! You are reading these Terms because you are using a CHINOEASY website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of CHINOEASY’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you and CHINOEASY and its affiliates (which we may refer to as “CHINOEASY,” “we,” “us,” or “our”) regarding your use of the Platform. Please review our List of Local Entities for the name of the CHINOEASY entity responsible for providing the Platform to you and the appropriate contact information. A few important points:
Eligibility. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.
Rules for Registration. When you register for an account with us, the following rules apply:
Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by CHINOEASY or others we license Content from, and is protected by copyright, trademark, patent and other laws. CHINOEASY reserves all rights not expressly described in these Terms.
User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” CHINOEASY is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to CHINOEASY as described below:
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to CHINOEASY a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
We’re excited to have you contribute to the CHINOEASY community. Here are a few basic rules:
Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. CHINOEASY may terminate the accounts of Platform users found to infringe third party copyrights.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information :
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (depending on applicable law), 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.
From time to time, CHINOEASY may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean CHINOEASY endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. CHINOEASY is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.
PHYSICAL ACTIVITY. The Platform may include features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.
USER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.
WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you.
CHINOEASY may terminate or modify any CHINOEASY Platform, member program, product or service at any time without notice.
CHINOEASY may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to CHINOEASY, subject to applicable law.
We want you to enjoy our Platform, but CHINOEASY must also protect itself from any damages you may cause.
Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. You agree to indemnify, defend, and hold harmless CHINOEASY Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “CHINOEASY Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the CHINOEASY Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. NONE OF THE CHINOEASY PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A CHINOEASY EVENT OR CHINOEASY PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF CHINOEASY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST CHINOEASY IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF CHINOEASY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, CHINOEASY'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
Choice of Law/Jurisdiction
If you live in any of the following countries, different “Choice of Law/Jurisdiction” terms may apply to you: Argentina, Austria, Brazil, Canada, France, Germany, Italy, Philippines, Poland, Switzerland and all other European countries.
Electronic Communications
Right to Assign, No Waivers, Severability
Thanks for reading. Please enjoy our community!
COUNTRY SPECIFIC TERMS
If you live in one of the following countries these additional terms apply and override any inconsistent terms in the Terms of Use.
ARGENTINA
Section 3 (POSTING CONTENT ON THE PLATFORM): the first bullet point paragraph under sub-section “USER CONTENT LICENSE” is deleted and replaced with the following:
“You grant CHINOEASY a non-exclusive, transferable, royalty-free, worldwide license to display the User Content that you post on or in connection with the Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works of, sublicense and distribute the User Content.
For example, we need these rights so we can copy your User Content into our databases, display it in the correct format across our mobile applications, and send your User Content to vendors who perform services on CHINOEASY’s behalf.”
Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
The sub-section tCHINOEASYed “CHOICE OF LAW/JURISDICTION” is hereby deleted and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):
“Choice of Law/Jurisdiction
AUSTRALIA
Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:
The sub-section tCHINOEASYed “WARRANTY DISCALIMER” is modified by adding the following:
“However, the Platform, Content, and the materials and products on this Platform come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case.”
AUSTRIA
Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries below, except the following is added at the end:
“All claims shall be brought within three (3) years after the claim arises.”
BELGIUM
Section 3 (POSTING CONTENT ON THE PLATFORM): this section is modified as follows:
The first bullet point paragraph under the sub-section tCHINOEASYed “USER CONTENT LICENSE” is deleted in its entirety and replaced with the following:
“You grant CHINOEASY a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the User Content), transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial, promotional and operational use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”
The sub-section tCHINOEASYed “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in its entirety and replaced with the following:
“LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You grant to CHINOEASY a perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the comments, feedback and ideas), worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”
BRAZIL
Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
The sub-section tCHINOEASYed “CHOICE OF LAW/JURISDICTION” is deleted and replaced with the following:
“Choice of Law/Jurisdiction
CANADA
Introductory Paragraph:
The section tCHINOEASYed “Our Terms May Change” is qualified by the following:
“(a) CHINOEASY must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and
(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending CHINOEASY a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in CHINOEASY’s obligations.”
MULTIPLE SECTIONS: The terms set forth in the sections tCHINOEASYed “Physical Activity”, “Warranty Disclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:
“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of Liability.”
SECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
The sub-section tCHINOEASYed “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:
“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable."
COLOMBIA
Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section tCHINOEASYed “USER CONTENT LICENSE” is modified as follows:
The first bullet point paragraph under USER CONTENT LICENSE is deleted and replaced with the following:
“You grant CHINOEASY a non-exclusive, indefinite, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”
Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section tCHINOEASYed “LICENSE TO USE COMMENTS, FEEDACK AND IDEAS”is deleted in its entirety and replaced with the following:
“AUTHORIZATION TO USE COMMENTS, FEEDBACK AND IDEAS. You grant to CHINOEASY an indefinite, worldwide authorization to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”
KOREA
The following location-based service provider terms apply to your use of and access to the CHINOEASY Running Club app and the CHINOEASY Training Club app: location-based service provider terms. In the event of any conflict between the location-based service provider terms and these Terms, these Terms shall govern.
EUROPEAN COUNTRIES
The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.
Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
The sub-section tCHINOEASYed “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):
“Choice of Law/Jurisdiction
FRANCE
Section 5 (COPYRIGHT INFRINGEMENT): the second paragraph in this section is deleted in its entirety and replaced with the following:
“If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:
(1) date of the notification;
(2) if the claimant is a natural person: name, surname, profession, address, nationality, place and date of birth;
(3) if the claimant is a legal person: name, form, registered office and the entity representing it for legal purposes;
(4) name and address of the recipient, or if a legal person, its name and registered office;
(5) a description of the facts at issue and the precise location;
(6) the grounds on which the content should be withdrawn, including relevant legal provisions and justification of facts; and
(7) a copy of the correspondence sent to the author or editor of the litigious information or activity requesting their interruption, withdrawal or modification or an explanation that the author or editor could not be contact.”
Section 9 (INDEMNIFICATION/LIABILITY): this section is modified as follows:
The sub-section tCHINOEASYed “Indemnification and Release” is deleted in its entirety and replaced with the following:
“Indemnification. You agree to indemnify, defend, and hold harmless CHINOEASY Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “CHINOEASY Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.”
The sub-section tCHINOEASYed “LIMITATION OF LIABILITY” is deleted in its entirety.
Section 11 (DISPUTES/ADDITIONAL TERMS): the sub-section tCHINOEASYed “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following:
“Choice of Law/Jurisdiction
Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
GERMANY
Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:
The third bullet point in the summary box is deleted in its entirety and replaced with the following:
“CHINOEASY is not responsible for any damage (except liability for CHINOEASY’s willful and gross negligent acts and CHINOEASY’s personal injuries) caused by your interactions with other users. Please be responsible and take precautions when interacting with people you don’t know.”
The last bullet point paragraph under the sub-section tCHINOEASYed “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:
“To the maximum extent allowed by applicable law, CHINOEASY is not responsible or liable for any damages (except liability for CHINOEASY’s willful and gross negligent acts and CHINOEASY’s personal injuries) you may sustain that result from your use of, or inability to use, the Platform.”
The sub- section tCHINOEASYed “WARRANTY DISCLAIMER”, including all of the bullet points therein, is deleted in its entirety.
Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:
The sub-section tCHINOEASYed “INDEMNIFICATION AND RELEASE” is deleted in its entirety.
The sub-section tCHINOEASYed “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:
“LIMITATION OF LIABILITY. Any liability of CHINOEASY and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) is limited to cases of intent or gross negligence. In cases of slight negligence the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called “cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death.”
Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries above, except the following is added at the end:
“All claims shall be brought within two (2) years after the claim arises.”
HUNGARY
Introductory Paragraphs: The second bullet point in the first section above tCHINOEASYed “Terms of Sale” is amended by adding the following:
"These Terms constitute an implied agreement between you and CHINOEASY, unless otherwise meeting the requirements of written agreements under Hungarian Law."
ITALY
Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:
The last bullet point paragraph under the sub-section tCHINOEASYed “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following:
“To the maximum extent allowed by applicable law, CHINOEASY is not responsible or liable for any damages you may sustain that result from your use of, or inability to use, the features on the Platform, except in the event of fraud or gross negligence by CHINOEASY.”
The sub-section tCHINOEASYed “USER INTERACTIONS” is deleted in its entirety and replaced with the following:
“USER INTERACTIONS. We are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions, except in the event of fraud or gross negligence by CHINOEASY.
Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. CHINOEASY is under no obligation to become involved with any user dispute (but may do so at its own discretion) except in the event of fraud or gross negligence by CHINOEASY.”
Section 11 (DISPUTES/ADDITIONAL TERMS): the sub-section tCHINOEASYed “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):
“Choice of Law/Jurisdiction
Poland
Section 11 (DISPUTES/ADDITIONAL TERMS): the sub-section tCHINOEASYed “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):
“Choice of Law/Jurisdiction
SWITZERLAND
Section 11 (DISPUTES/ADDITIONAL TERMS): the sub- section tCHINOEASYed “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):
“CHOICE OF LAW/JURISDICTION
JAPAN
Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:
The sub-section tCHINOEASYed “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:
LIMITATION OF LIABILITY. NONE OF THE CHINOEASY PARTIES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A CHINOEASY EVENT OR CHINOEASY PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF CHINOEASY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST CHINOEASY IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF CHINOEASY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, CHINOEASY'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
The sub-section tCHINOEASYed “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following:
“Choice of Law/Jurisdiction
PHILIPPINES
Section 2 (OWNERSHIP OF CONTENT): The third bullet point of this Section is revised as follows:
Section 3 (POSTING CONTENT OF THE PLATFORM): This section is revised as follows:
User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” CHINOEASY is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you agree as follows:
Section 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): The sub-section tCHINOEASYed "LIMITATION OF LIABILITY" is deleted and replaced with the following:
"To the extent allowed under applicable law, none of the CHINOEASY parties will be liable for any special, incidental or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the Platform or the performance of the products purchased through the Platform or the conduct of other Platform Users (whether online or offline), or attendance at a CHINOEASY event or CHINOEASY partner events, or any User Content or any other activity in connection with the use of the Platform, even if CHINOEASY has been advised of the possibility of such damages. If CHINOEASY is found to be liable to you for any damage or loss which is in any way connected with your use of the Platform or any Content, CHINOEASY's liability shall not exceed US$100.00 or Euro 100.00 if you live in Europe, without prejudice to any applicable law."
Section 11 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section tCHINOEASYed "CHOICE OF LAW/JURISDICTION" is deleted in its entirety.