PLEASE READ THE FULL TERMS CAREFULLY BEFORE USING THE Marunthon SERVICES AS THEY ARE A LEGAL DOCUMENT WHICH GOVERNS YOUR RIGHTS AND RESPONSIBILITIES.
BY USING THE SERVICES, YOU AGREE TO TERMS AND ALL REVISIONS THEREOF. IF YOU DO NOT AGREE – DO NOT USE THE SERVICES
Effective July 9, 2013.
Marunthon is a website and application, which is owned by the company Infi Consulting, incorporated under Polish law company registration number (NIP.no 8792582245), having its registered address at Ligi Polskiej 12h, A, 87-100 Toruń, Poland ("Marunthon" or "we").
Marunthon offers Services that help you to make your bowling game results more professional. Services are rendered to and accessed by you via the internet or other data transmission facilities or carriers by use of an applicable device (pc, mobile phone etc.) ("Devise") of your own choice. Your carrier's normal rates and fees apply.
Age Restrictions. The Services are intended solely for Users who are thirteen (13) years of age or older and it is a violation of the Terms for anyone under 13 to register for the Platform. Thus, you represent and warrant that you are 13 or older. If you are 13 or older, but under the age of 18, you must review the Terms with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child, agrees and accepts full responsibility for his or her child's use of the Services, including all financial charges and legal liability that such child may incur.
All Services provided "AS IS": The Services are provided "AS IS" without any express or implied warranties of any kind. Marunthon disclaims all warranties to the fullest extent permitted by law,
whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Marunthon cannot guarantee that use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected,
that the Services or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law,
Marunthon undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise.
Marunthon is not liable for any communications between Marunthon and you. You bear the responsibility and cost of your choice of data transmission facilities. However, your carrier's normal rates and fees apply.
Personal Safety Notice
You understand and agree that all your athletic and / or recreational activities using the Services may have inherent, implicit and / or expressed risks of bodily injury or death and / or property damage.
You understand and agree that you voluntary and at your own free will assume all known and unknown risks associated with such athletic or recreational activities even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of Marunthon or others.
You understand and agree that Marunthon will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services, including but not limited to featured, official or User created challenges, routes, friendly competitions or similar, any single or group training activities or any event that utilizes Marunthon's Services; Irrespective of any information or Content related to the Services, Marunthon encourages you to always put safety first, follow applicable traffic regulations, do not change settings on your Device and / or the Software while in motion or in unsafe areas and always be due diligent when exercising.
You understand and agree that you download or otherwise obtain the Services at your own risk, and will be solely responsible for your use and any damage to your mobile Device, computer system or other device by which you access the Services, loss of data or other harm of any kind that may occur as a result thereof.
No Medical advice on physical activity. Marunthon's Services may include features that promote physical activity. However, you understand and agree that Marunthon do not provide medical advice through the Services. You need to consider the risks involved and may need to consult with your medical professional before engaging in any physical activity. Marunthon is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the Services, delay or negligence in seeking medical advice from your medical professional.
Amateur athlete eligibility. Marunthon assumes no responsibility or liability for your use of the Services resulting in your ineligibility as an amateur athlete. Check with your amateur athletic association for the rules that apply to you.
Limitation of liability
To the fullest extent permitted by law, Marunthon, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors ("Released Parties") shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Generated Content, even if Marunthon has been advised of the possibility of such damages. That said if Marunthon is found to be liable to you for any damage or loss which is in any way connected with your use of the Services or any content, Marunthon's liability shall not exceed the subscription fees paid by you for the Use of the Services or PLN 100 whichever is the higher. You expressly agree and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your use of the Services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you in its entirety. However, you agree the provisions of liability will be limited to the extent permitted by law.
If links are established to a third-party website, Marunthon is not liable for the contents of such third-party websites. This includes links to partner's website that may use Marunthon's logos as part of a co-branding agreement.
You agree to indemnify, defend, and hold harmless the Released Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of the Services and / or Content and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
All Intellectual Property to Content as defined below (except from User Generated Content) featured or displayed on the Site or via the Services, is the property of Infi Consulting, its subsidiaries or Infi Consulting’s business
partners and are protected under Polish and other copyright laws, patent and trademark laws and other legislation. "Content" includes but is not limited to logos, trademarks, design, structure, text, graphics,
photographs, images, videos, audio, sound, illustrations, interfaces, Software data etc. incorporated into, accompanying or generated by the Software. Infi Consulting, its subsidiaries and its respective partner's
reserves all rights to Content not expressly granted under these Terms. The Marunthon name, the Marunthon logo and avatar and other Marunthon logos and product and names related to the Services are the exclusive trademarks of,
and are owned by, Marunthon and may not be used or displayed in any manner without the prior written permission from Infi Consulting.
If you download Software, including any other Content, from the Site, associated sites and/or distribution channels, the Software is licensed to you by Infi Consulting. Infi Consulting does not transfer title to the Software to you. THE LICENSE TO USE THE SOFTWARE AND SERVICES IS LIMITED, PERSONALLY, NON-EXCLUSIVE, NON-TRANSFERABLE AND FOR NON-COMMERCIAL USE ONLY.
NO COMMERCIAL USE. ANY COMMERCIAL USE (E.G. ADVERTISING, SOLICITATION AND OTHER COMMERCIAL CONTENT) IS SUBJECT TO PRIOR WRITTEN AGREEMENT WITH Infi Consulting. However, Infi Consulting accepts that non-profit public sports clubs may in connection with non-commercial, public sport events use the Services; provided full reference is made to Infi Consulting and/or its business partners.
You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions.
To use all the Services available, you must create an Marunthon account either by direct sign up via the Site or by usage of another sign up feature made available by Marunthon via the Services.
Any signup is subject to you providing the true, accurate and complete personal information ("User Data") as prompted by the relevant sign up feature. You undertake to keep your User Data accurate and current
and thus without undue delay update your User Data when relevant.
You are responsible for any actions that take place while using your Marunthon account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Marunthon is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
Any content that you and other Users post or otherwise make available on or through the Services, except such Content owned by Infi Consulting, its subsidiaries business partners, shall be deemed "User Generated Content", including communications (comments, pep talks etc.), materials, information, data, profiles, messages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds, and any other content.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Marunthon, its trademarks or any of its marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.
You agree not to use the Services to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.
User Interaction Disclaimer. You are solely responsible for your interactions with other Users, whether online or in person, including but not limited to comments, challenges, routes, pep talks, friendly competition etc. Infi Consulting assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with other Users on the Platform, and conduct any necessary investigation before meeting another person. Marunthon is under no obligation to become involved in any disputes between Users, but may do so at its own discretion. If Infi Consulting chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.
Infi Consulting do not monitor or prescreen User Generated Content prior to posting. Infi Consulting do not undertake any obligation or liability relating to any User Generated Content or activities of Users on the Services.
Infi Consulting reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or terminate your account for any reason.
You acknowledge, consent and agree that Infi Consulting may access, preserve and disclose your User Data, and other of your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond to claims that any Content or User Generated Content violates the rights of third parties or protect the rights, property or personal safety of Marunthon, its Users and the public.
Infi Consulting offers a variety of services and products to its Users in some countries. All offers shall be regarded as an invitation to you to make an offer (order) in accordance with the price and terms contained in the offer.
However, all orders placed through the Services are subject to Infi Consulting’s acceptance and the then-current applicable terms and conditions of Infi Consulting's webshop. This means that Infi Consulting
may choose to refuse to accept or may cancel any order, not finally confirmed for delivery by Infi Consulting, for any or no reason, and without liability to you or anyone else.
THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS
Infi Consulting may choose at any time to have its business partners' and other third parties' products, services, advertisements and other offers made available via the Services. Any such offerings made available to you are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered you are contracting directly with the applicable business partner or third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Infi Consulting shall not be responsible or liable for the performance or nonperformance of any third party service provider or advertiser and any loss or damages of any kind resulting thereof.
Marunthon, Users in User Generated Content, third party service providers and advertisers may provide links to other Internet sites and / or other resources. Since Infi Consulting has no control over such sites and resources,
you acknowledge and agree that Infi Consulting shall not be responsible nor liable for the availability, content, advertising, products, services or other materials on or available from such
sites or resources. When we do link to a third-party website, this does not automatically imply that Infi Consulting endorses that website, its contents or products. Please note that
Infi Consulting reserves the right to change, discontinue and / or terminate any and all Services at any time without notice.
Infi Consulting may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any Users account and User Generated Content and further to restrict Users use of all or any part of the Services. Infi Consulting also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Services. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.
The Marunthon Premium is a set of premium services provided to the Users (formerly known as Athletes Lounge).
Sign-up. By signing up to Marunthon Premium, you agree to the Terms, including the supplementary terms and conditions in this Chapter (Marunthon Premium). Furthermore your sign up and continuous subscription is contingent on you providing Marunthon adequate and correct payment information and pay due subscription fees and any other incurred charges.
Waiver of right of withdrawal. In order for Marunthon to ensure your immediate access to all the services of Premium, you agree and accept that by ordering Premium, you waive your right to a 14 days right of withdrawal.
Monthly Subscription. Your subscription will continue until you terminate it and is subject to a prepaid monthly subscription fee. The subscription is terminable at any time effective at the end of a calendar month.
Yearly Subscription. Your subscription will continue until you terminate it and is subject to a prepaid yearly subscription fee. You will be notified by email prior to the next yearly payment.
Payment for Marunthon Premium. All fees are paid in advance in accordance with the subscription of your choice, and are drawn from the payment option you submit to Marunthon upon sign up. Payments will continue to be made until you terminate your account.
Payment will be made by a valid credit card accepted by Marunthon or via PayPal. Hence, you authorize us to charge your chosen payment option for your subscription fee until your terminate your account. Should your payment option fail, we will make reasonable efforts to resolve the issue, and notify you of the failure. However, if the issue is not resolved, we will disable your Premium subscription until payment is received. All amounts paid for the Marunthon Premium service, including prepayments, are non-refundable.
The renewal subscription fees will be the same as the initial fee unless you are otherwise notified in advance. Marunthon reserves the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. If you subscribe to Marunthon Premium prior to August 1st, 2013, you will not experience an increase in the subscription fee the first three years of your subscription period, as long as you are a continuous subscriber throughout the entire period. If you cancel your subscription and choose to subscribe again later on, you will be considered a new subscriber.
Termination notice. Termination is done via your personal 'Settings' page on the Site by choosing 'Cancel subscription' under the 'Subscription' menu. You may terminate your subscription to Marunthon Premium at any time and your access to Premium features will then continue until the end of your billing cycle. Once you have made your cancellation, and received a confirmation, no further charges will be made.
Discount and coupon codes. If you have received a discount or coupon code to Marunthon Premium, the following terms and conditions apply in addition to the terms and conditions of a specific discount or coupon code: To redeem a discount or coupon code: Visit www.Marunthon.com/lounge, choose a plan, click UPGRADE and insert the coupon code in the purchasing process. All discounts and coupon codes can only be applied when subscribing to Marunthon Premium and they can only be applied to accounts that are not already subscribing to Marunthon Premium. Discounts and coupon codes cannot be combined with any other cash-off price, sales, promotion or coupon. Discounts and coupons cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method is required to redeem a discount or coupon code. It is the user's own responsibility to use a discount or coupon code before it expires, and expired discounts and coupon codes cannot be refunded or extended. It is also the user's responsibility to terminate the subscription before the end of a free or discounted period if the user does not want to continue with a subscription at the regular price. The terms and conditions of a specific Coupon may set out restrictions on the use of the coupon including but not limited to: the type of plan, duration of free or discounted subscription, coupon validity dates, and/or purchase quantities. Marunthon reserves the right to cancel discounts and coupon promotions at any time.
Refunds. No refunds are made upon termination.
IT IS YOUR RESPONSIBILITY TO TERMINATE YOUR SUBSCRIBTION IN DUE TIME, SHOULD YOU NO LONGER WISH TO SUBSCRIBE. THIS APPLIES IRRESPECTIVE OF YOUR USE OF THE SERVICES.
Should any provision of the Terms be held invalid, unlawful, void or unenforceable, the remainder of the Terms shall continue to be valid and enforceable. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Infi Consulting only may assign its rights and obligations under these Terms to any party at any time without notice to you.
Infi Consulting may use subcontractors to perform the Services. Such subcontracting parties shall comply with the applicable provisions of the Terms.
The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and Infi Consulting.
Infi Consulting is entitled to revise these Terms at any time. Infi Consulting will inform you hereof by mail, on the Site, via the Services and / or by other means deemed appropriate and adequate by Infi Consulting.
Infi Consulting's failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
Services are rendered to you under and in accordance with Polish law. Any dispute between you and Infi Consulting is governed in all respects by Polish law, without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods (CISG).
You agree that any notice, agreement or other disclosed communication that PinPo sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.