Terms and Conditions
My ASICS is a free on-line running service, where you may among other things create free personalized running training schedules, maintain your personal online logbook and see statistics, as well as save routes and add them to your logbook ("My ASICS”). My ASICS is offered by ASICS Europe B.V. ("ASICS”). The following general terms and conditions ("Terms and Conditions”) apply to My ASICS and your use thereof.
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) with respect to My ASICS and all related materials and content (including all applications) located on the My ASICS website or otherwise in connection with My ASICS shall remain vested in ASICS or its licensors. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use any My ASICS content or materials in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any My ASICS content or materials except for your own personal, non-commercial use. Any other use of the My ASICS content or materials requires the prior written permission of ASICS.
The names, images and logos identifying ASICS or third parties and their products and services are subject to copyright, design rights and trade marks of ASICS and/or third parties. Nothing contained in these terms shall be construed as conferring any license or right to use any trade mark, design right or copyright of ASICS or any other third party.
ASICS is under no obligation to keep and maintain any data entered or submitted by you to My ASICS. ASICS is not obliged to make any back-up(s) of data submitted by you.
You may only post information, text or other data ("Content”) on or through My ASICS (including but not limited to the forum) that you created or which you have been given permission to post by the owner. The Content may not violate the Terms and Conditions, the rights of others, or applicable law. You are solely responsible for the Content you upload or otherwise provide via My ASICS. You acknowledge and agree that the entire risk of posting Content falls on you and that ASICS is not responsible for any content that you post. You further agree that ASICS may, without limitation and liability to you, use in any manner all comments, suggestions, complaints and other feedback you provide relating to My ASICS or ASICS.
In addition, you understand and acknowledge that ASICS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any Content posted by any party on My ASICS. ASICS reserves the right, in its sole discretion, to refuse to publish, edit, or remove any Content, in whole or part that ASICS establishes – at its sole discretion – does not comply with these Terms and Conditions, is illegal, or is otherwise objectionable, undesirable, inappropriate or inaccurate
My ASICS and all content are provided with all faults on an “as is” and “as available” basis. ASICS, its licensors and other suppliers disclaim all warranties, whether express or implied, including the warranties that My ASICS and all content are free of defects, virus free, and able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected, and the implied warranties that My ASICS and all content are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing, unless such implied warranties are legally incapable of exclusion. No information given by ASICS, its affiliates or their respective employees or authorized agents shall create a warranty or expand the scope of any warranty that cannot be disclaimed under applicable law. Your use of My ASICS is solely at your own risk and ASICS is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Website and all content. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
Although ASICS will try to provide you with the best service, ASICS shall not be liable for any damages, resulting from or in connection with My ASICS, regardless of the form of action. The foregoing limitation of liability shall not apply in the event that the damage results from the gross negligence of wilful misconduct of ASICS’ executive management.
ASICS reserves the right, at its discretion, to change or discontinue any aspect, service, feature or content of My ASICS at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use. Furthermore, ASICS reserves the right to terminate My ASICS in its entirety, without any liability or obligation to you. In addition, ASICS reserves the right, at its discretion, to change these Terms and Conditions at any time.
ASICS reserves the right to – at its discretion – disable your use of or access, in whole or in part, to My ASICS, including your account, for any reason and without any notice.
These Terms and Conditions will exclusively be governed by the laws of the Netherlands.