Terms & Conditions

Getting started

Definitions
1. Use of the Every Run Counts and/or 80 Days Global websites (referred to as "Website") are governed by these terms and conditions (referred to as "Terms").
2. In these Terms, the words "ERC" or "we" refer to Every Run Counts Ltd, a company registered in England and Wales, whose registered office is at 203 London Road, Hadleigh, Benfleet, SS7 2RD, United Kingdom. Our company registration number is 13721428.
3. The term 'you' refers to any member or viewer of our Website.
4. Please read these Terms carefully. By using the Website, you confirm that you accept these Terms and you agree to comply with them. If you do not agree to these Terms, you must not use the Website.
5. These Terms should be read in conjunction with our Privacy Policy.
Operating on our Website
1. To use our Website, you must be 13 years or older. You, therefore, confirm that you are 13 years old or older.
2. To enter our Prize Games you must be 18 years or older. (Only applies to the Every Run Counts website)
3. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Website. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Website.
4. When using our Website, you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree you shall take all steps necessary to protect your login details and keep them secret.
5. We will be entitled to assume that anyone logging into your account using your login details is either you or someone using your login with your permission.
6. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
7. All information, data, software, sound, photographs, graphics, video, messages, tags, or other materials sent, uploaded, communicated, transmitted or otherwise made available via our Website by you or another user, whether publicly posted or privately sent ("Content") is the sole responsibility of the person that makes it available.
8. You acknowledge that we do not actively monitor Content and we make no undertaking to do so.
Availability of this Website
1. We reserve the right to withdraw, suspend or restrict access to and the availability of the Website (or any part of it) without notice to you or any other party.
2. You acknowledge that we cannot guarantee continuous, error-free, virus-free (or free of other harmful elements) or secure access to our Website (including any games) or that defects in the Website will be corrected.
3. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our Website (including any games).
4. We reserve the right to modify or discontinue any aspect of our Website at our sole discretion without notice to you.

Using our Website

Conditions of using our Website
1. As a condition of your use of the Website, you agree that you will not: violate any laws; or post any threatening, abusive, harmful, defamatory, obscene or indecent material or material that incites violence or racial or ethnic hatred.
2. You agree that you will not post or otherwise communicate any false or misleading material or message of any kind; infringe any third-party right; distribute spam, chain letters, or promote pyramid schemes; distribute viruses or any other technologies that may harm ERC or members of the Website.
3. You agree that will not copy, modify, or distribute any other person's Content without their consent; use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission; harvest or otherwise collect information about others, including email addresses, without their consent.
4. You agree that you will not copy, modify or distribute rights or content from the Website or ERC's copyrights and trademarks; post anything which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation.
5. You agree that you will not post anything which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. You agree that you will not use our Website to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity (including ERC) or the Website.
7. If you are concerned that someone else is not complying with any part of these terms, please contact us here: team@everyruncounts.co.uk
Games (Only applies to the Every Run Counts website)
1. Games may be made available on the Website for members to participate in.
2. The specific rules, scoring rules, controls and guidelines for each game will be displayed on the Website. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you will comply with them in respect of each game which you choose to access and/or play.
3. We reserve the right to refuse entry to a game to anyone in breach of these Terms.
4. All members who use prohibited means for participation in games (e.g. hacking tools, viruses, Trojans, etc.) will be excluded from participation in games.
5. We may suspend or withdraw any game at our absolute discretion at any time, without liability to you.
6. We may change any aspect of any game (including without limitation gameplay methodology) at any time.

The Standard Terms

Intellectual Property Rights
1. All copyright, trademarks, domain names and other intellectual property rights in materials on and in the Website are owned by or licensed to ERC.
2. This material includes, but is not limited to, any text, video, photograph or game as well as the design, layout, look, appearance and graphics featured. Copyright in these pages is owned by ERC except where otherwise indicated.
3. Images, trademarks and brands are also protected by other intellectual property laws and cannot be reproduced or appropriated in any way without written permission from us or their respective owners.
4. No rights of any kind are licensed or assigned or shall otherwise pass to any persons accessing any of the Website.
5. No part of the Website may be reproduced, modified, copied, distributed, sold, published or transmitted in any form or by any means without our prior written approval. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in our Website.
6. When you make Content available on the Website, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any copyright, publicity, trademark, design, and other intellectual property rights to that Content, in any media whether now known or to be discovered in the future including, without limitation, on any third party platforms and media channels. In addition, you waive all moral rights you have in the Content to the fullest extent permitted by law.
Third Party Websites
1. The Website may contain links to third party websites which are not controlled by ERC.
2. We are not responsible for the contents of any linked website (including any goods or services offered or supplied through such websites) or any link contained in the linked website.
3. Should you access such websites, you do so at your own risk and you agree that ERC has no liability towards you in respect of any loss or damage suffered by you resulting from or connected to your use of such third party websites.
4. The inclusion of any link does not imply any endorsement of the linked website or any content on these websites by ERC.
Disclaimer
1. We do not give any warranty, express or implied, concerning our Website and you acknowledge that your only right concerning any problems or dissatisfaction with any aspect of our Website is to discontinue your use of our Website.
2. Whilst we have taken reasonable care to ensure that the information placed on the Website by us is accurate, the Website and its content are provided on an 'as is' basis without any representation, warranty or guarantee (whether express or implied) including, without limitation, as to its accuracy, quality, completeness or fitness for purpose.
3. We do not control Content posted on our Website by members and therefore we do not guarantee the accuracy, integrity or quality of that Content.
4. You understand that when using our Website, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any losses or harm of any kind resulting from such Content.
5. You are solely responsible for your interactions with other members of our Website. You agree that you shall not hold us liable for any loss or damage arising from any Content on the Website (whether made available by you or another user), including without limitation in respect of any defamation, harassment, or false endorsement claims.
6. We do not give any warranty, express or implied, concerning any third party events mentioned or featured on our Website (including, without limitation, organised running events, group walking or hiking events, competitions, corporate events and social events run by third parties) (each, a Thirty Party Event).
7. You understand, acknowledge and accept that the third party organiser of the Third Party Event in question shall be solely responsible for all aspects of such event and solely liable to you for any losses, costs, injury or other damage sustained by you or anyone else as a result of participation or non-participation in or otherwise in connection with such Third Party Event.
Exclusion of Liability
1. Nothing in these Terms shall limit our liability for fraudulent misrepresentation, or death or personal injury resulting from our negligence or the negligence of our agents or employees.
2. You agree not to hold us responsible for things other members post or do.
3. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
4. To the extent legally permitted, we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.
5. We will not be liable for any loss or damage (whether direct or indirect, including but not limited to, special or consequential loss, loss of profits, business interruption, loss of business opportunity, damage to goodwill or reputation) suffered arising out of or in connection with your use of the Website or its content, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
6. We are not liable or responsible for any failure to perform or delay in the performance of, any of our obligations that are caused by events outside our reasonable control.
7. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Website and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
8. We shall not be responsible to you for any Third Party Events and shall have no liability of any description to you for any losses, costs, injury or other damage sustained by you or anyone else arising out of Third Party Events.
Indemnity
1. We accept no responsibility for your actions or omissions, and you agree by accessing and/or using the Website, to indemnify and hold harmless us, our employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against us by any person arising from or in consequence of such actions or omissions, and from and against any damage, loss, cost or expense suffered or incurred by us as a direct or indirect consequence thereof.
2. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
3. You agree by accessing and/or using the Website, to indemnify and hold harmless us, our employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against us by any person arising out of the use of the Website (save where decided by a court of competent jurisdiction to have been a direct result of our negligence) or participation or non-participation in Third Party Events.
Breach of these Terms
1. Without limiting any other remedies or any other paragraph of these Terms, if we reasonably believe that you are in material breach of these Terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
  1. suspend and/or modify your account or parts of your account (including removing any Content made available by you);
  2. otherwise suspend and/or terminate your access to our Website;
  3. reset and/or modify any game progression or benefits and privileges associated with your account.
Amendments to these Terms
1. We reserve the right to amend these Terms and/or the Privacy Policy from time to time without notice to you.
2. By continuing to use the Website after the Terms and/or the Privacy Policy have been amended, you will be deemed to have agreed to such amendments. You should therefore continue to check these Terms and/or the Privacy Policy to understand the terms and conditions that apply at the time.
Miscellaneous
1. You understand that if you close your account, or if we suspend or terminate your account under these Terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our games and/or the level or score you have reached in our games).
2. You agree that we may notify and/or cooperate with any authorities and law enforcement agencies concerning any of your activities on this Website, including providing any information about you held by us, including your personal or other details, to those authorities and law enforcement agencies.
3. If any of these Terms are found to be illegal, invalid or otherwise unenforceable as a result of any applicable law or regulation, then to the extent permissible where the relevant law or regulation applies, such term shall be amended to make it legal, valid and enforceable. If any such amendment is not possible, then the relevant term shall be deemed from these Terms. The remaining Terms shall survive such amendment and shall remain in full force and effect.
4. If we decide not to exercise or enforce any of our rights at any particular time, then this does not prevent us from later deciding to exercise or enforce that right.
5. These Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
6. These Terms are governed by and construed under the laws of England and Wales. Any disputes arising from or in connection with these Terms, or use of the Website or its content shall be subject to the exclusive jurisdiction of the courts of England and Wales.