Terms and Conditions
Updated on April 1, 2020.
This Terms and Conditions (the “Terms”) controls the information that you submit, or that we collect, in connection with your use of KULEN MOUNTAIN TREK RUN websites and any mobile applications or websites that link to or reference this Policy (collectively, the “Service”).
“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service.
“We”, “us”, and “our” refer to the Company.
1. TERMS OF USING OUR SERVICE
a. Termination of Use
The Company may, at any time and based on the criteria it may deem appropriate, terminate the access of the user to the website https://kulenmountaintrekrun.com/
You must be at least 16 years old or above, and have the consent to enter into these Terms under our Service. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service.
c. Permission to Use the Service
We permit you to use the Service subject to the restrictions in these Terms.
d. Service Availability
The Service may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability.
e. Communications from the Company and other Users
By submitting your registration application, you agree to receive certain communications in connection with the Service.
2. UNDERSTANDING THE MEANING OF CONTENT OR CONTENTS
a. Understanding Your Responsibility
You are responsible for the submission of your registration application. You are responsible for following up your submission in case you did not receive any response of your registration application. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You are giving us the permission to use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Company.
“Content” means text, images, photos, audio, video, location data, route information, and all other forms of data or communication located anywhere on the Service.
“Your Content” means Content that you submit or transmit to, through your registration application in connection with the Service.
b. Our Right to Use Your Content
We may use Your Content in several different ways, including copying it, publicly performing or displaying it, reformatting it, modifying it, translating it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their websites and media platforms (“Other Media”).
As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose.
You also irrevocably grant the users of the Service and Other Media the right to access Your Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against the Company and its users, any claims and assertions of moral rights or attribution with respect to Your Content.
c. Understanding The Term Ownership
As between you and the Company, you own Your Content (subject to our right to use it as described above).
We own the remaining Content, including but not limited to text, photos, video, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews or ratings, and all other elements and components of the Service, excluding content submitted by other users, advertisers and third parties (collectively, “User Content”).
d. Understanding The Connection of Advertising
The Company and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements.
The manner, mode and extent of such advertising are subject to change without notice to you.
e. Any Added Information
Please take note that User Content does not necessarily reflect the opinion of the Company. We reserve the right to remove, screen, edit, or reinstate the User Content at our sole discretion and without notice to you.
3. INTELLECTUAL PROPERTY
a. Name, Company Logo, Copyright and Trademark
We own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with the Company Content and the Service, which is protected by law. You are not allowed to make any changes, alterations or distribution without our consent.
b. Comments and Suggestions
By sending us any (“Feedbacks”) means comments, ideas, or suggestions, you agree that;
(a) Your Feedback does not contain the confidential or proprietary information of third parties,
(b) We are under no obligation of confidentiality, express or implied, with respect to your Feedback,
(c) We reserve the right to hold your Feedback as the Company’s confidential information,
(d) Your Feedback is similar to ours, but not publicly exposed or under development stage,
(e) Your Feedback is free of charge, with no compensation to be asked; and
(f) We have the rights to use any submitted Feedback, for any purpose whatsoever, including but not limited to developing, and marketing products and services without restriction, notice, attribution, or compensation.
4. AFFILIATED LINKS
5. RSS (Really Simple Syndication) SERVICE
RSS (really simple syndication) service is a method by which the Company may provide feeds of text and/or photographs in XML format (“RSS Content”) to the Service’s visitors who use RSS aggregators.
The Company assumes no liability whatsoever for, or in connection with, your use, access, display or receipt of its RSS feeds. The RSS Content, may contain errors, inaccuracies, outdated information, or other harmful content. You agree to cooperate by understanding the disclaimer of warranties, and limitations of liability in connection with your use of Company’s RSS service.
6. NOTIFICATION OF COPYRIGHT
If you believe that the content published on our website is copyrighted, If you are a copyright owner, or an agent thereof, you may submit a notification to our Company while providing us the following information:
(a) Identification of the material that is claimed copyright,
(b) Correct information of mailing address, email address, telephone number, etc.,
(c) Your statement must be sent by email, Attention To: Company Director, email: firstname.lastname@example.org, Telephone Number: (855) 63-6287888.
(d) You acknowledge that if you fail to comply with all of the requirements, your DMCA (Digital Millennium Copyright Act) notice may not be valid.
You agree to indemnify, defend, and hold the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, volunteers, agents, and representatives of each of them (collectively, “the Company Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to;
(a) Your use our Service – means before, during and after delivering the Service,
(b) Any purchases you have made in connection with our Service, or
(c) Any committed violations by you, or any third party in using your account, against intellectual property.
The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. WITHOUT WARRANTIES
a. About the Service: You could be seriously injured or die when engaging in the activities when joining our Sporting Event. The Company highly suggest that all Participants to follow the protocol during Registration Application.
b. Personal Meetings: The Company strongly advises all participants to be careful not to divulge any personal information about yourself. If you do provide any information to another person, before, during and after the Sporting Event is at your risk, and the Company will have no legal obligations, neither liabilities.
c. Online Purchases by Third Parties: The Company is not responsible for the quality and reliability of any products and services you purchased provided by the Third Parties found in our website. For more information regarding a merchant, it is your responsibility to contact the merchant directly. You agree that Company has no responsibility or liability, and you waive all claims against the Company for any harm or damage caused by your actions in relation to your purchase provided by the Third Party/ies.
OUR SERVICE IS MADE IN GOOD FAITH, AND MADE AVAILABLE PUBLICLY FOR YOU TO READ AT YOUR DISCRETION AND RISK. THE COMPANY MAKES NO CLAIMS OR PROMISES, AND NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FROM YOUR RELIANCE ON THEABOUT THE QUALITY, ACCURACY, SAFETY, OR RELIABILITY OF THE MENTIONED SERVICES.
THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE. NO ORAL OR WRITTEN INFORMATION PROVIDED TO YOU BY A REPRESENTATIVE OF THE COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
THE COMPANY DISCLAIMS ANY WARRANTY THAT THE CONTENTS OF OUR SERVICES WILL BE FROM TECHNICAL INTERRUPTIONS, ERRORS AND MISTAKES, NEITHER FREE OF VIRUSES, THAT COULD HARM YOUR COMPUTER SYSTEM.
9. LIABILITY EXCLUSIONS
You are in agreement that the Company shall not be liable to you or to any other person for any actual, special, consequential, or any other form of damage as a result from the use of, or your inability to use, our Service or its contents, including without any limitation;
(a) Errors, mistakes or inaccuracies of the content found on our website and other online platforms;
(b) Personal injury, loss or property damages in using our website, other online platforms, and the sporting event;
(c) Unauthorized access to our secure server/s containing all personal information stored therein;
(d) Interruption or Delays pertaining to our Service;
(e) Viruses which may be transmitted through computers, from our website, and other online platforms;
In the event this liability disclaimer is deemed unenforceable or not binding by a court of law, you agree that the Company’ maximum aggregate liability to you for losses or damages in connection with our service is limited to the greater of:
(a) The amount paid, by you to the Company in connection with the service we are providing, or
(b) An exact amount to the value of not over One Hundred American Dollars Only.
10. GOVERNING LAW
The Company, and other officers, partners, affiliates are not accountable for delays or contractual breaches due to force majeure, disturbance, total or partial pandemic outbreak, strike, flood, fire, typhoon, or other natural calamities, or war, or any calamities made by humans.
The agreement between the user and the Company, based on these terms and conditions, shall be ruled and construed according to the Cambodian law.
The user undertakes, irrevocably and unconditionally, to submit to the non-exclusive jurisdiction of the Cambodian court, regarding this agreement.