Terms of Use

OVERVIEW

Thank you for visiting our website virtual.honolulumarathon.org (“site”). 

The site is operated by Realbuzz Group Limited., a company registered in England and Wales with company number 11951356 and with its registered office at Suite 6, 3rd  Floor, 1 The Exchange, St John Street, Chester, CH1 1DA, United Kingdom (“Realbuzz”,"we", "us" or "our").

We review our Terms of Use on an annual basis, or more often if required. This policy was last updated on November 17th, 2020.  


HOW TO CONTACT US

For general enquiries about our products and services, please email feedback@realbuzz.com.

For data privacy enquiries, please email privacy@realbuzz.com.

Alternatively, you may write to us at: Suite 6, 3rd Floor, 1 The Exchange, St John Street, Chester, CH1 1DA.


INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We are committed to the responsible management, use, and protection of your personal information. Any personal information we collect through your use of our site will be processed in accordance with our Privacy Policy.

We also use cookies on this site in accordance with our Cookies Policy.

If you do not agree with our Privacy Policy, Cookies Policy and / or our Terms of Use, please refrain from using our site.


ACCESS TO OUR SITE

Access to the site is permitted on a temporary basis. We do not guarantee that the site, nor any content, will always be available or be uninterrupted. We shall not be liable if for any reason our site is unavailable at any time or for any duration.

Access to the site is provided free of charge. We reserve the right to suspend or withdraw or restrict the availability of all or any part of this site for business and operational reasons including maintenance, updates or technical improvements or to develop its content and / or presentation. 

We reserve the right to withdraw or amend the services we provide on the site without notice and for any reason. From time to time, we may restrict access to some parts of the site, or the entire site, to individuals who have registered with us (“Members”). 

We do not claim that our site and content are appropriate for use, or permitted by local laws, in all jurisdictions. If you access our site and its content, you are agreeing that such access is on your own initiative and that you are responsible for complying with applicable local laws and regulations in your jurisdiction; Legal advice should be sought if in doubt.


INTELLECTUAL PROPERTY RIGHTS (IPR)

The material and content provided on the site is for your personal, non-commercial use only (save where expressly provided) and you agree not for yourself nor through assistance from any third party to distribute, copy, extract or commercially exploit such material or content.

We, together with our partners "Honolulu Marathon Association", are the owner, or the licensee, of all intellectual property rights for the content of our site. All material on the site, including but not limited to photographs, images, graphics, illustrations, text, video clips and written materials are protected by copyrights, database rights, trademarks and / or other intellectual property rights owned, or used with permission of their owners, by us or our affiliates or associates.

You may make a copy, print and / or download extracts of any page(s) from the site for your own personal non-commercial use, however, you agree not to reproduce, distribute, perform, display, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from our site. No right, title or interest in any material or software is transferred to you as a result of any such downloading or copying.


VARIATIONS

We reserve the right to change any part of these Terms of Use, including those that apply to specific areas of our site and, from time to time (e.g. we may run competitions and promotions via the site), by posting updates and changes to our site.

It is your responsibility to regularly review these Terms of Use for such changes. Your continued use of our site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes and your agreement to comply with and be bound by those changes.


AGE RESTRICTIONS

You must be at least 13 years of age, or the minimum age of consent in your local jurisdiction, to use this site. By using this site and any services provided therein, you warrant that you have the right, authority, and capacity to enter into and abide by all of our Terms of Use.


ACCOUNT MEMBERSHIP

Access to some areas of our site is restricted to individuals who have registered their details with us by creating a virtual.honolulumarathon.org membership account. When registering your details with us:

  1. You shall create for yourself a unique User ID consisting of a unique username and secure password. You may not share nor disclose your User ID and password with any other person or entity allowing such ones to gain access to areas and services reserved for registered users. We reserve the right to force forfeiture of any username;
     
  2. You shall not use a false name or email address, nor provide any false information nor impersonate another person. It is your responsibility to ensure that the personal information you provide during the registration process is kept up-to-date and remains accurate at all times via your account;
     
  3. You consent to us processing your personal information in accordance with our Privacy Policy. If you do not consent to us processing your personal information, we will not be able to provide you with our member services, but you will still be able to access and use our site;
     
  4. We reserve the right to refuse or remove or suspend your registration at any time if in our opinion you have failed to comply with any of the provisions of these Terms of Use;
     
  5. You shall notify us immediately of any suspected or known breach or unauthorised use of your account. Notifications should be emailed to privacy@realbuzz.com;
     
  6. You may not use another registered user's account to access areas or services reserved for registered users;
     
  7. You may not sell or transfer your virtual.honolulumarathon.org membership account;
     
  8. We reserve the right to disclose your user ID and personal information if requested to do so by the courts of law or other law enforcement authorities and / or agencies, or in such other circumstances as specified in our Privacy policy;
     
  9. You may terminate your virtual.honolulumarathon.org membership at any time.


MALWARE, HACKING and MALICIOUS USE

You shall not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful in nature.

You shall not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site.

You shall not attack the site via a denial-of-service (DoS) attack or a distributed denial-of service (DDoS) attack, or do anything which may affect the functioning of, or the ability of, any other person to access the site. By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990. We shall report any such breach to the relevant law enforcement authorities and cooperate with the relevant authorities in their investigation of such incidents. In the event of such a breach, your right to use this site will cease immediately.

We shall not be liable for any loss or damage caused by a DDoS attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site, or to your downloading of any material posted on it or on any website linked to it.

You are responsible for configuring your own information technology equipment, computer programmes, hardware, software and platform to access this site, and you should use your own malware protection software.


LIABILITIES

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
     
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
       
  • We shall not be liable for any loss that you may incur as a result of someone else using your User ID (combination of your username and 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 us, directors, employees, consultants, agents and representatives due to someone else's use of your User ID.


THIRD PARTIES

Where our site may link to other sites and resources operated by third parties (e.g. advertisers), these links are provided for your information only. We have no control over, or responsibility for, websites to which the site is linked. Your use of such third party websites is at your sole risk and is subject to the individual Terms and Conditions of each site. Our Terms of Use do not cover third party sites.

When accessing third party sites which originate from our site via links, we advise you to review the third party site's Terms and Privacy Policy to ensure compliance and to determine how they will themselves use your personal information.

We do not endorse any commercial product or service mentioned on our site or on third party sites which link to ours.


GOVERNING LAW

Our Terms of Use are governed by the laws of England and Wales and parties submit to the exclusive jurisdiction of the English courts. 


PROHIBITED CONTENT

You may not upload, post, or otherwise transmit to the site any content that we determine at our sole discretion to be:

  1. Untrue, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
     
  2. Hostile or prejudice towards a person's disability, religion or belief, sexual orientation or transgender identity;
     
  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;
     
  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;
     
  5. Unsolicited, undisclosed or unauthorised advertising;
     
  6. Obtained through access that was not authorised by the owner, or that you are not authorised to post; or
     
  7. In violation of any applicable local, national or international law (including export laws).

If you find any content on the site that meets any of the criteria outlined above, please notify us by emailing privacy@realbuzz.com. We shall investigate the content and the author and action as appropriate.

We reserve the right to remove inappropriate material or information posted by any individual. We also reserve the right to terminate, without warning, records of individuals which we consider to be misusing the site, or of those who are in breach of these Terms of Use. Terminated users will be prevented from re-registering on the site.

Whether you are a member or not, you agree to indemnify, defend and hold harmless Realbuzz Group Ltd. and our subsidiaries, affiliates, partners, 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.


GENERAL

While we have endeavoured to ensure the accuracy of information on the site, 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 site including information provided by experts or contributors.

The site 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.

All content within the site 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.

You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain site content. Our status (and that of any identified experts or contributors) as the authors of material on the site shall always be acknowledged.

You should always consult with your doctor or any other health professional before starting a new exercise regime or new treatment or making any changes to existing treatment.

All our rights not expressly granted in these Terms of Use are reserved to us and our licensors.


VIRTUAL EVENT WAIVER

Please review our Virtual Event Waiver by clicking here.


LEGAL DISCLAIMER

Neither Realbuzz Group Ltd, nor any party involved in creating, producing, delivering or maintaining this site and and any content therein, 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 Website or any information, services or content available therein or which can be reached by using this site 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 site or any information, services or content therein 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.