Terms of use

Introduction

uBurn (the “Application”) is an application owned and operated by uBurn, a Belgian non profit organisation ASBL (“Association” or “we,” “our” or “us”).

We know you are excited to walk, run and ride for charity, but it is important that you carefully read these Terms of Service (“Terms”), as they govern your use of the Application and affect your legal rights and obligations. Please also read our Privacy Policy, which describes how we may use certain information that we collect when you use the Application.

By accessing and using the Application, you agree to these Terms and consent to the Privacy Policy. We think these Terms are better than fair. And, as you can read in our Privacy Policy, we surely respect your privacy. However, if you do not agree to be bound by all of these terms, or if you do not consent to the Privacy Policy, then please do not use the Application.

1. How It Works

Overview. This Application allows you to earn sponsorships on behalf of certain charities (each, a “Charity”) while walking, running, biking, and participating in other activities (each, an “Activity”). You are accessing this Application from an iPhone, Android phone, or web browser. For each calories that you burn (tracked either by your device’s health app, or by manually adding it), you can raise funds for your chosen charities.

If you elect to participate in such peer-to-peer fundraising, you shall be able to create your burner profile, through which your friends and family can sponsor you.  (Or you can sponsor yourself.)

If you or anyone else donates through a burner profile, such donations will follow this processus:

(a) At the end of the month, the calories of the burner will be counted, and the amount donated for each donor and each charity will be calculated.

(b) Each donor will be billed using our payment processor, Stripe Inc., by visa/mastercard, or sepa direct debit

(c) Each charity will received the aggregated amount from all donors across the app, with a list of the donors, allowing them to issue tax refund if applicable

Employee Empowerment Program: The Application may, in the future, have a feature whereby companies and organisations can create teams to sponsor their members or other invited individuals.  When an organisation does this, it sets its sponsorship terms, including the benefiting charities, total budget, and rate per mile.

Charity Sponsors: The Application may, in the future, enable our partner charities to feature their publicly-facing corporate partners. Likewise, companies may, from time to time, sponsor specific charities in the Application.  In these cases, the sponsorship terms (including the budget and rate per mile) shall be agreed upon by the company and the charity.

Cheating. The Application is based on trust. So, if you cheat, we reserve the right to disqualify any session that appears suspicious, disable your account, or ban your IP, with or without notice to you. If you cheat your calories, we probably can’t stop you, but you’ll mainly hurt your family/friends/colleagues

2. Application Ownership & License

Ownership. We like our Application and want to protect it. We own and control the Application (including past, present, and future versions thereof) and all “ Association Materials” which include: (i) all graphics, layout, text, images, audio clips, sounds, pictures, videos, animation, designs, and all other materials related to the Application (except for Charity Materials and Sponsor Materials, explained below); (ii) our trademarks, logos, trade names, service marks, and trade identities; and (iii) all other forms of intellectual property related to the Application. Except as we expressly allow, you may not copy, reproduce, download, or distribute the Association Materials (or any part of them) in any way. You agree to abide by any additional copyright notices, information, or restrictions contained in any part of the Application.

Likewise, we like and want to protect our Charities and their “Charity Materials” which include: (i) all graphics, layout, text, images, postcards, audio clips, sounds, pictures, videos, animation, designs, and all other materials made available through the Application by a Charity; (ii) each Charity’s trademarks, logos, trade names, service marks, and trade identities; and (iii) all other forms of each Charity’s intellectual property. Each Charity owns and controls its own Charity Materials. Except as a Charity expressly allows, you may not copy, reproduce, download, or distribute any Charity Materials (or any part of them) in any way. You agree to abide by any additional copyright notices, information, or restrictions contained in any part of the Application concerning each Charity.

We also like and want to protect our Sponsors and their “Sponsor Materials” which include: (i) all graphics, layout, text, images, postcards, audio clips, sounds, pictures, videos, animation, designs, and all other materials made available through the Application by a Sponsor; (ii) each Sponsor’s trademarks, logos, trade names, service marks, and trade identities; and (iii) all other forms of each Sponsor’s intellectual property. Each Sponsor owns and controls its own Sponsor Materials. Except as a Sponsor expressly allows, you may not copy, reproduce, download, or distribute any Sponsor Materials (or any part of them) in any way. You agree to abide by any additional copyright notices, information, or restrictions contained in any part of the Application concerning each Sponsor.

3. Your License to Use Association Materials In Our Application

License. As long as you comply with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license (“ License ”) to download (for temporary storage only), display, view, use, and/or play a single copy of the Association Materials (excluding source and object code) on any Device for your personal, non-commercial use only. The License does not give you any ownership of, or any other intellectual property interest in, any Association Materials or the Application, and you cannot otherwise use the Association Materials or the Application without our express prior written permission. All rights not expressly granted to you are reserved by us and our licensors and other third parties. Any unauthorized use of any Association Materials or the Application for any purpose is prohibited.

Prohibited Activities. We want to protect the Application, so you agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Association Materials (except as may be a result of the standard search engine or Internet browser usage); or (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Association Materials in any way for any public or commercial purpose except as specifically permitted by these Terms. You also agree that you will: (a) keep intact all proprietary notices contained in the Association Materials; (b) not use the Association Materials in a manner that suggests an association with any of Charity’s or Sponsor’s products, services or brands (except as permitted by the Application); (c) make no modifications to the Association Materials; and (d) not allow or help anyone else (whether or not for your benefit) to (i) copy or adapt the source or object code of the Application’s software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Application creates to generate its web pages or any software or other products or processes accessible through the Application.

4. User Content

User Content. At your option, you may elect to share your achievements, raise awareness for your Charity and (please) thank your Sponsor on social media. These messages are editable and you may also include a photo. All such content that you create shall be referred to herein as “User Content”.

Terms Applicable to User Content. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms, or (ii) you have all necessary rights and licenses from the owner(s) of these rights to agree to these Terms and grant us these licenses. If we so request, you will provide us with any documentation, substantiation, or releases necessary to verify your compliance with these Terms.

Use of Your User Content. Specifically, by uploading your User Content, you are creating a message that will be shared on Facebook and/or Twitter, as applicable. We have no control over who sees your User Content or the extent to which your User Content will be shared with others.

Association’s Obligations Regarding User Content. We have no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content. We may (but have no obligation to) review, monitor and reject any User Content. Further, we may, in our sole discretion, delete, edit, re-format, edit, alter, distort, remove, or refuse to use your User Content without notice or liability.

User Content Rules. When sharing User Content on Facebook, Twitter, or any other means through the Application, you must follow these User Content Rules (“ Rules”), which we have conveniently listed below.

User Content must be yours. All User Content must be created by you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content have given you permission to upload and distribute the User Content to the Application and elsewhere.

Please act appropriately. Seriously, keep it clean. Represent yourself, your Charity, and your Sponsor well.

Be honest and do not misrepresent yourself. Do not impersonate any other person, user, or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, or misleading.

Others are watching. Please remember that User Content will be shared publicly on Facebook and/or Twitter, and (ii) may become accessible and viewable by other users. Please do not share any User Content unless you are comfortable with that User Content being seen and accessible by the public.

Don't damage the Application or anyone’s computer. Do not upload any User Content that contains or transmits viruses, Trojan horses, spyware, or any other technologies that could impact the operation of the Application or any computer system.

We reserve the right, in our sole discretion, to monitor and screen all User Content shared through the Application. We also reserve the right to disregard or delete any User Content that, in our sole discretion, violates these Rules or the Terms, or that we otherwise find objectionable.

5. Your Warranties

You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to us is true, accurate, complete, and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.

6. Promotions

From time to time, we may feature certain contests, sweepstakes, or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. We hope you participate in any fun promotions we offer but it is your responsibility to read the rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable contest, sweepstakes, or promotion.

7. Third-Party Links and Content

There may be links from the Application or communications you receive from the Application to third-party websites or applications. Also, our Application may include third-party content that we do not control, maintain or endorse. Accessing those third-party sites or applications requires you to leave our Application. We do not control those other sites or applications, or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites or applications, including, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR COMMUNICATION AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE APPLICATION, INCLUDING DONATIONS, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. WE ENCOURAGE YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE OR APPLICATION THAT YOU VISIT.

8. Items Available For Download

Any items that we make available for download or use from the Application and/or our servers (the “Downloadable Items”) are our copyrighted work or the copyrighted work of our licensors, licensees, suppliers, Charities, or Sponsors, as the case may be. All Downloadable Items are either Association Materials, Charity Materials, or Sponsor Materials, as may be applicable. Your use of the Downloadable Items may be governed by additional terms, which may be included with the Downloadable Items (“Additional Terms”). Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. ALSO, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Application, you consent to the download of software to your Device and accept these Terms and any Additional Terms related to such application.

9. Disclaimer of Warranties

WE HOPE YOU ENJOY THE APPLICATION AND ALSO HOPE THE APPLICATION WILL FUNCTION PROPERLY HOWEVER, YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR SOLE RISK.

THE APPLICATION IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, we and our parent, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Association Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: the Application, Association Materials, Charity Materials or Sponsor Materials; the functions, features, or any other elements on, or made accessible through, the Application; any products, services, or instructions offered, referenced or linked through the Application; whether the Application, Association Materials, Charity Materials, Sponsor Materials or the servers that make them available, are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your Device); whether any information or instructions on the Application are accurate, complete, correct, adequate, useful, timely, or reliable; whether any defects to the Application will be repaired; and

whether your use of the Application is lawful in any particular jurisdiction.

THE COMPANY PARTIES FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUS OR OTHER HARMFUL ELEMENTS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

10. Limitation of Liability

(a) LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: the Application, Association Materials, Charity Materials or Sponsor Materials; your use of or inability to use the Application, or the performance of the Application; any action taken in connection with an investigation by Association Parties or law enforcement authorities regarding your access to or use of the Application; any action taken in connection with copyright or other intellectual property owners or other rights owners; any errors or omissions in the Application’s technical operation; or any damage to any user’s Device, computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Association Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Application).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE APPLICATION AND YOUR RIGHTS UNDER THESE TERMS EXCEED AN AGGREGATE OF $10.00 FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.

(b) WAIVER OF INJUNCTIVE RELIEF. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE APPLICATION OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER COMPANY MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE OR OTHER COMPANY MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

(c) WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE APPLICATION, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND BY SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. Indemnification

You agree to indemnify, defend and hold harmless the Association Parties from and against any claims, damages, losses, costs, liabilities, judgments, settlements, and expenses, including reasonable attorneys’ fees, resulting from (a) your User Content; (b) your use of the Application or activities in connection with the Application; (c) your breach or alleged breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your Device used to access the Application, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or another right of any person or defames any person; or (f) any misrepresentation made by you. You will cooperate as fully required by any Association Party in the defense of any claim. Notwithstanding the foregoing, each Association Party retains the exclusive right to settle, compromise and pay any claims, demands, proceedings, suits, actions, or causes of action that are brought against it. Each Association Party reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the respective Association Party.

12. Termination and Modifications

Termination. We reserve the right to terminate your access to and use of the Application or any part of it, in our sole discretion, without notice and liability, including, if we believe that you are not following these Terms. We also reserve the right to investigate suspected violations of these Terms, including, any violation arising from any User Content or e-mails you send to the Application or us. We don't like to tattle, but any violation, or potential violation, of these Terms, may be referred to law enforcement authorities.

Modifications. We reserve the exclusive right to modify, withdraw, suspend, or discontinue, temporarily or permanently, at any time and from time to time, any Association Materials available on the Application, and to even stop all activities associated with the Application, with or without notice. You agree that we will not be liable to you or anyone else for any modification, suspension, or discontinuance of the Application or any part thereof.

What happens upon Termination? If we terminate your access to the Application, or if we so demand, all rights granted to you under these Terms will stop immediately, and you agree that you will immediately: (a) stop using the Application and forfeit any Stamps or other virtual items that remain in your account; (b) remove any links that you created concerning the Application, and (c) destroy all Association Materials obtained from the Application and all related documentation.

13. Location of Application and Territorial Restrictions

Location of Application. The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the Application from Belgium. We make no representations or warranties that the information, products, or services contained in the Application are appropriate for use or access in other locations. Anyone using or accessing the Application from other locations does so on their initiative and is responsible for compliance with Belgium, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Application and/or the provision of any content, program, product, service, or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

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14. Updates to Terms

We reserve the right to modify or add to these Terms or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Application so that they are accessible via a link on the home page of the Application and that your use of the Application after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Application. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Application from that point forward.

15. Miscellaneous

If we fail to act concerning any breach of these Terms by you or others, that does not constitute a waiver and will not limit our rights concerning such breach or any subsequent breaches. We shall not be deemed to have waived any of these Terms unless we do so in writing that is signed by one of our duly authorized officers. We may assign our rights and duties under these Terms to any party at any time without any notice to you. You may not assign these Terms to anyone. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against us by our having drafted them.

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