1. General Terms
LIMITATION OF LIABILITY
B) LIVEROWING SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES OF ANY KIND WHATSOEVER, AND IN PARTICULAR LIVEROWING SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OR INJURIES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO OUR SERVICE OR THE INFORMATION CONTAINED IN IT. WHETHER SUCH DAMAGES ARISE IN TORT, NEGLIGENCE, CONTRACT, UNDER STATUE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF LIVEROWING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS CANNOT BE APPLIED. FURTHERMORE, IT IS YOUR RESPONSIBILITY TO FOLLOW THE EXERCISE AND WORKOUT INSTRUCTIONS ON OUR SERVICE CORRECTLY AND TAKE THE APPROPRIATE PRECAUTIONS. THE CONTENT ON OUR SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR THE SERVICES OF TRAINED PROFESSIONALS IN ANY FIELD, INCLUDING, BUT NOT LIMITED TO MEDICAL MATTERS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR PHYSICAL OR MENTAL HEALTH AND WELLNESS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATELY. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY TREATMENT, ACTION, APPLICATION OR USAGE OF DIETARY SUPPLEMENTS, MEDICATION, BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH OUR SERVICE. DEPENDENCE ON ANY INFORMATION APPEARING ON OUR SERVICE IS STRICTLY AT YOUR OWN RISK, CONSULT MEDICAL PROFESSIONAL FOR BEFORE USING OUR SERVICES.
C) It is your responsibility to evaluate the usefulness of our Service and any exercises contained therein, in light of your personal fitness level, medical history and physical limitations. Our Service is provided "AS IS" and at your own risk, and you accept full responsibility for any risk of bodily injury, death or property damage arising out of or related to your use of our Service, whether to you or to any other person or entity, including, without limitation, arising out of your performance of the exercises, whether correctly or incorrectly. You therefore hereby release, waive, discharge, and covenant not to sue LiveRowing, its officers, directors, employees, partners, or any other person or entity in any way affiliated with LiveRowing, from any and all liability, including, but not limited to, liability for negligence for any personal injury or property damage you might suffer, and for any wrongful death action which your heirs and/or your estate might bring arising from your use of our Service.
D)Neither we, our affiliates, partners, nor any of the directors, owners, employees, agents, and representatives will be liable for any direct, indirect, consequential, special, exemplary, or other losses or damages that may result including, but not limited to, injury, illness, death or economic loss. Our Service may contain the opinions and views of other users, partners and sponsors. Such content is not intended to, and does not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes.
E) Our Services are designed and intended for adult usage. If you are under 18 years of age, you must consult your physician before engaging in any of the exercises contained in our services to determine whether they are suitable for your age and stage of physical development. Additionally, if you are under the age of 18, you must acquire the consent of your parent or guardian respecting your entry into this Agreement and use of our Services. By using our Services, you are representing and warranting that you have the full right to enter into this Agreement and have acquired all required permissions.
2. Use of Our Service
A) You must be at least 13 years old to use our Service.
B) You must seek medical advice from your physician or other qualified health care professional before using our Service. You should not act on the basis of any content included in, or accessible through, the application without pursuing the appropriate medical or other professional advice on the specific facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
C) You must not post unlawful, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, racial, intimidating, threatening, hateful, abusive, vulgar, obscene, nude, partially nude, sexually suggestive, pornographic, violent, discriminatory, infringing or hateful photos or other content through our Service.
D) You must not post any content linking to website that is or contains content that is unlawful, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, racial, intimidating, threatening, hateful, abusive, vulgar, obscene, nude, partially nude, sexually suggestive, pornographic, violent, discriminatory, infringing or harmful or threatening to others.
E) You must not generate or submit unwanted email, comments, likes or other forms of commercial or harassing communications to any users of LiveRowing
F) You must not use domain names or web URLs in your username without prior written permission from LiveRowing
G) You must not harass, abuse, threaten, bully defame, impersonate, harm, intimidate, or stalk people or entities and you must not post private or confidential information through our service, including, without limitation, your or any other person’s credit card information, alternate national identity numbers, non-public phone numbers or non-public email addresses or social security numbers.
H) You agree that you will not solicit, gather or use the login credentials of other users on our Service.
I) You are responsible for any actions that take place while using your account on our Service. Keep your username/password secure and do not permit anyone else to access or use your username/password to access our Service. LiveRowing is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
K) Our Service is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on our Service accept payment from a third party in exchange for your performing commercial activity on our Service
L) Do not impersonate any person or entity. Do not misrepresent yourself, your age or your affiliation with any person or entity.
M) You promise that you own or control all rights to any content that you post on our Service. You are responsible for ensuring that any content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit any content unless you are the owner or have permission from the owner to post such content.
N) You are solely responsible for any content you post to our Service, your interactions with other users and your activity on our Service. Do not take any action or post anything that may expose LiveRowing or its users to any harm or liability of any type.
O) Do not post any content to our Service or use our Service in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on our service designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or our Service. Do not post content that contains software viruses, programs or other computer code. Do not circumvent or modify security technology or software on our Service.
P) You shall not copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form our Service or any part thereof.
Q) You shall not distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to our Service, in whole or in part, to any third party on a temporary or permanent basis;
R) You shall not remove, deface, cover or otherwise obscure any proprietary rights notice or identification on our Service including without limitation any copyright notice.
S) You shall not copy any written materials accompanying any portion of our Service.
T) You must not impede or disrupt our Service or servers or networks connected to our Service. This is includes spreading any viruses, spyware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise change or interfere with the way any page on LiveRowing is rendered or displayed in a user’s browser or device.
U) You must not create accounts with our Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You understand and agree that LiveRowing cannot and will not be responsible for the Content posted on our Service and you use our Service at your own risk.
A) All intellectual property on our Service (including for content generated by users) is owned by LiveRowing which includes materials protected by copyright, trademark, or patent laws. LiveRowing owns all trademarks, service marks and trade names and trade secrets. All content on our Service, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the United States and international copyright laws and is the proprietary property of LiveRowing; All rights reserved.
B) You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to LiveRowing, our Service or any part thereof.
C) LiveRowing reserves the right to remove any content from our Service for any reason, without prior notice. Content removed from our Service may continue to be stored by LiveRowing including, without limitation, in order to obey with certain legal obligations, but may not be retrievable without a valid court order. Consequently, LiveRowing encourages you to maintain your own backup of your content and you agree that you will not rely on our Service for the purposes of content backup or storage. LiveRowing will not be liable to you for any modification, suspension, or discontinuation of our Services, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
D) LiveRowing reserves the right to refuse access to our Service to anyone for any reason at any time. LiveRowing reserves the right to force forfeiture of any username for any reason. LiveRowing reserves the right to block, suspend, or delete any user account at any time.
Our Service is provided to you "AS IS" and "WITH ALL FAULTS" basis to the fullest extent permissible by the law, LiveRowing hereby disclaims all warranties, endorsements, or conditions of any kind whatsoever, whether expressed or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, custom, freedom from computer virus, quiet enjoyment, system integration, non-infringement, security or accuracy. LiveRowing does not assume responsibility and does not represent or warrant that our Service will be error free, uninterrupted, free from omissions and inaccuracies whatsoever or that server that makes our Service available is free from any harmful components, including without limitation viruses. Under no circumstances will LiveRowing be liable for any loss or damage caused by your reliance on information obtained through use of our Service. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of our Service is only at your own risk. You acknowledge that LiveRowing makes no warranties, representations, or endorsements of any kind whatsoever as to our Service, our Service content, user content or security associated with the transfer of information to LiveRowing or through our Service. LiveRowing has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of our Service, including without limitation: (1.) your implementation of any exercises provided through our Services, (2.) what material you or other users access on or through our Service, or (3.) how you or any other user may interpret or use materials accessed through our Service. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you. By Accessing or using our Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use our Service.
B) By using our Service in any manner, you agree to the hereby waive trial by jury and give up your right to go to court to assert or defend any claims between you and LiveRowing (except for matters that may be taken to "small claims" courts) You also forfeit your right to partake in a class action or other class action proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be reversed in court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, alter or vacate an arbitration award, may be initiated in any court having competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against LiveRowing (except for "small claims" courts) may be initiated only in the federal or state courts located in Denver, Colorado United States of American. You hereby consent to the jurisdiction of those courts for such purposes.
HOW TO CONTACT US
Our Service is not intended for children under the age of 13. We do not knowingly collect or maintain any personal information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We do not knowingly allow such persons to register for LiveRowing services. In the event that we discover that we have collected information from a child under the age of 13, we will delete that information as soon as possible. If you believe that we might have any information from or about a child under the age of 13 using our software or services, please contact us at email@example.com
NRS Ventures, LLC will collect the following information.
Your username, password , e-mail address, date of birth, weight, height, workout affiliation, workout philosophy will be collected upon registering for LiveRowing. Your password will remain private.
Profile information such as date of birth, weight, height, workout affiliation, and country will not have the option to make them private or public. As a user of LiveRowing you understand that we will will collect data from your workouts. Our Service will however, ask if your permission to allow it to find your location.
Profile information that you provide for your user profile. This information allows us to help you or others be found on LiveRowing app, in addition, it allows us to pair you with other LiveRowing users and appropriately place you in leaderboards.
User Content such as photos, comments, videos, descriptions, created exercises, created workouts and other materials that you post to our Service. NRS Ventures, LLC will ask your permission to access photos and videos from your phone. LiveRowing does not allow users to delete or edit any photos, videos or change data in workouts created then shared or challenged to other users. The ability to do so will be available in the coming versions of our Service. Please note that all photos, videos, and comments may be made public and can be shared by other users and third party viewers. LiveRowing is not responsible for any content posted on our Service.
LiveRowing provides the option to submit feedback at www.liverowing.com. LiveRowing retains all rights to the information sent by the user via email, feedback or anywhere in our Service and may use this information to improve our service. Your response to these communications may require you to submit personal information and opinions of which LiveRowing is not liable.
LiveRowing will access the following on your device:
Take pictures and videos
Approximate location. (network based)
Precise location (GPS and network based)
Find accounts on the device.
Full network access.
Apple store billing service.
Receive data from internet
View network connections.
View Wi Fi connections.
Prevent phone from sleeping.
We use third-party analytics tools to help us measure traffic and usage trends for our Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving our Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
SHARING YOUR INFORMATION:
help you efficiently access your information after you sign in.
remember information so you will not have to re-enter it during your visit or the next time you visit our Service.
Provide personalized content and information to you and others, which could include online ads or other forms of marketing provide, improve, test, and monitor the effectiveness of our Service.
Develop and test new products and features.
Monitor metrics such as total number of visitors, traffic, and demographic patterns
diagnose or fix technology problems and automatically update our Service on your device.
We reserve the right rent or sell your information to third parties outside LiveRowing without your consent, except as noted in this Policy.
We may preserve and share your information in response to a legal request if we have a good faith belief that the law requires us to do so. We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others’ rights, property or safety. This may include responding to legal requests from jurisdictions outside of the United States where we believe that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also share information and preserve information with companies assisting in fraud protection or investigation. We may also share and preserve information to detect, prevent and address fraud and other illegal activity, to protect ourselves, you, and others.
THRID PARTY ORGANIZATIONS:
We may share User and your information (including but not limited to information from location data, and usage data) with third party organizations that help us provide service to you. In order to register as a user with LiveRowing, you may be asked to sign in using your Facebook login. If you do so, you authorize us to access certain Facebook account information, such as your public Facebook profile (consistent with your privacy settings in Facebook), your email address, profile picture, user name, user id, gender, date of birth and friend list.
Any and all information or content that you voluntarily disclose for posting on our Service becomes available to the public and may be re-shared by others. This includes all created workouts and all created exercises, exercise summary data and corresponding photos, videos, workout content and workout details.
If you remove information that you posted to or from our Service, copies may remain viewable and or copied and saved by other users or third party organizations using our Service.
CHANGE OF OWNERSHIP
If we sell or otherwise transfer part or the whole of LiveRowing or our assets to another organization (any change in ownership or any dissolution of our Service or company), your information such as name and email address, user content, user created workouts and any other information collected, through our Service may be among the items sold or transferred.
MAINTAINING YOUR INFORMATION
NRS Ventures, LLC does not allow users to delete any photos, videos, workout comments, workout details or workout summaries for workouts that are either challenged or shared with other LiveRowing users. The profile picture will be made public, in addition to your status comment and all your standard workout type information and details, including by not limited to the following: 1 minute, 4 minute, 30 minute, 60 minute, 100 meter, 500 meter, 1000 meter, 2000 meter, 5000 meter and 10,000 meter workouts. The standard workout types data, details and summary will be made public and challengeable by your LiveRowing friends inside our Service. Please note that all photos, videos, comments, created workouts and created exercises posted and uploaded by users, are stored on our server and may be made public. All photos, videos, comments, created workouts, and created exercises can be shared by other users and third party viewers. LiveRowing is not responsible for any content created, uploaded or posted on our Service.
Your information collected through our Service may be stored and processed in the United States or any country in which LiveRowing, its affiliates, service providers or partners maintain facilities.
By registering for LiveRowing you consent that LiveRowing and its affiliates. service providers and partners may send information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in other regions with laws governing data collection and use that may differ from U.S. law, note that we may send personal information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. You as the user consent to the transfer, use, and disclosure of this information to the U.S. or to any other country.
LiveRowing cannot ensure the security of any information you transmit to LiveRowing or guarantee that information on LiveRowing may not be accessed, disclosed, altered, or destroyed. At any point, LiveRowing my destroy, delete, alter any information, photos, videos, comments, user created workouts and user created exercises if it deems them inappropriate, harmful or dangerous to other users. LiveRowing does not actively monitor any photos, videos, workouts, comments, exercise created by its users.
Please note that you are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and LiveRowing, at all times. Your privacy settings may also be altered by changes made to the social media services that you connect to LiveRowing. We are not responsible for the functionality, privacy, or security measures of any other organization.
HOW TO CONTACT US