IMAGINE RUN BV (“IMAGINE RUN” or “IMAGINE”) is the provider of the “eRoutes App” (“App”). The eRoutes App offers routes of the user’s desired distance anywhere in the world. The routes can be navigated at your own pace, walking or running. The eRoutes App accompanies the user in familiar and unfamiliar environments via audio and takes the user back to the starting point. With the eRoutes App the user can virtually participate in running events by indicating the same distance as the event in the app.
1.1. Subscription: the subscription necessary to use the App.
1.2. App: eRoutes app.
1.3. User: the natural person who uses the App in any way.
2.4. Only these Terms and Conditions of Use apply, regardless of any (previous) reference by the User to his own or other terms and conditions. IMAGINE expressly rejects any terms and conditions that the User may have declared applicable.
2.5. Before the app can be used, the User must read and accept the Privacy Statement separately.
2.6. The Privacy Statement and the Terms and Conditions of Use can also be consulted, downloaded, saved and printed at www.eroutes.com.
3.1. Users can download the app free of charge from www.eroutes.com, Google Android Market, AppStore and Windows Store.
3.3. If the User is younger than 16 years of age, he/she must have the consent of his/her parent(s) or his/her legal representative(s) to use the app. By accepting these Terms and Conditions of Use, the User guarantees that he or she is 16 years of age or older or has the consent of his or her parents or legal representative(s).
3.4. In order to be able to use the app, the User must provide the necessary hardware, system software and (internet) connection at his own expense.
3.5. The responsibility for the responsible use of the applies with the User. In the event of any doubt as to the physical health of the User, IMAGINE recommends that a doctor be consulted before using the App. He or she can advise on an exercise plan appropriate to the User’s current condition. Important: Users 40 years of age or older with a history of stroke or heart disease (in the family) or other medical conditions or health problems should always consult a physician(s) for exercise advice.
4. Right of Use
4.1. By downloading the app, the User acquires a non-exclusive, non-transferable, personal and revocable right to use the app for noncommercial use on a smartphone or other portable device.
4.2. IMAGINE does not provide technical support and therefore cannot guarantee that the app will function (faultlessly) on the device.
4.3. The User is not allowed to: distribute and/or make the app available to a third party in any way; connect to a network through which other devices could use this app; disassemble, decompile, or subject the app to reverse engineering.
4.4. The User is not permitted to use the app improperly or in a manner that may be detrimental to IMAGINE.
4.5. Nor may the User remove or bypass any technical features intended to protect the app or have them removed or bypassed.
4.6. The password must be kept strictly confidential by the User. If a password has become known to a third party, the User must change the password immediately or – if he/she is no longer able to log into his/her user account – contact eRoutes via the Website.
5. Termination of right of use
5.1. The right of use is for an indefinite period of time, but the User may terminate the use of the app at any time by uninstalling or uninstalling the app from his/her mobile device.
5.2. IMAGINE has the right to terminate the right of use in writing with immediate effect and without being liable to pay any compensation, including in the event of misuse or unauthorized use of the App. At the time of termination of the right of use, the User will no longer use the App and remove it from his/her mobile device.
5.3. IMAGINE has the right at any time to modify or delete the App, to change or delete data, to restrict the use of the App or to deny the User access to the App in whole or in part, temporarily or permanently.
5.5. The User is obliged to ensure that the use of the app and the Subscription does not violate these Terms and Conditions of Use, statutory provisions or the rights of third parties. In addition, when using the app, the User will not in any way cause hindrance or damage, or cause damage to be caused by IMAGINE or third parties, nor use the app in such a way as to disrupt the proper functioning of the Services and/or the app.
5.6. Use of the app is at the User’s own expense and risk.
5.7. IMAGINE is not liable for damage or injury resulting from the use of the app and Services.
5.8. The User indemnifies IMAGINE against all possible claims by third parties as a result of the use of the app and/or the Services. The User will reimburse IMAGINE for all reasonable damage and costs (including but not limited to judicial and extrajudicial costs) that IMAGINE suffers as a result of such claims.
5.10. Except in the case of intent or gross negligence, IMAGINE is not liable for any damage of any nature whatsoever relating to the temporary unavailability, incorrect availability or incomplete availability of the app and the (full) functioning of the (mobile) connection of the User, IMAGINE or third parties, as a result of which the Services cannot be provided (in full).
6. Responsibility of IMAGINE
6.1. All intellectual property rights and/or similar rights relating to the (content of the) Services, the app, including the underlying software, images, video, and audio clips, are vested exclusively and exclusively in IMAGINE, its licensors, or the manager of the app.
6.2. The app has been compiled with the greatest possible care. However, IMAGINE cannot guarantee that the app will always be available or work without interruption, errors or defects and that the information provided is complete, correct or up-to-date. IMAGINE makes every effort to ensure that the app functions properly and to solve any problems as soon as possible.
6.3. IMAGINE may (unannounced) temporarily or permanently decommission the app for the User(s), without the User(s) being able to derive any rights from it.
6.4. IMAGINE is not responsible for damages arising from improper use of the Subscription. The User uses the App and the Services at his/her own risk.
6.5. IMAGINE is not responsible for damage caused by the User selecting an unsuitable password for his or her user account or failing to keep the password secure, or for damage caused by a third party for whom the User has enabled access to the Services.
7.3. If the User does not agree with any changes to these Terms and Conditions of Use, the User must terminate the use of the app. To the extent that amendments to the Terms and Conditions of Use result in material changes to the services to be provided by IMAGINE under the user agreement concluded with the user for the use of the app, the user will be given the opportunity to terminate this user agreement by contacting www.eroutes.com.
8. Final provisions
8.1. If any of the foregoing conditions are or become invalid, this shall not affect the validity of the remaining provisions.
8.2. For all disputes arising from and relating to the App, Services and/or the Subscription, Dutch law shall exclusively apply and the Dutch court shall have jurisdiction, to the exclusion of other (foreign) courts, to take cognizance of a dispute.