Terms of Service Agreement
This Terms of Services Agreement ("Agreement") governs the use of the Fitness.com Services ("Service") produced by Fitness Management Ltd. ("Service Provider"), including participation in the Service's chat and forum facilities ("Discussion Areas"). You can access this Agreement at any time from the bottom of any page of the Service.
Please read this Agreement carefully. Since the Service is designed to provide a forum for the robust and free-flowing exchange of information, opinions and comments, and an enjoyable and informative experience for all, its users must abide by certain rules. Your use of the Service will constitute your agreement to comply with these rules.
If you do not agree with the rules contained in this Agreement, please do not use the Service.
The following rules may be modified by Service Provider from time to time. Notice of revisions to this Agreement will be announced on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it's wise to check this page regularly.
Your failure to follow the Service's rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Service Provider's other remedies.
1. Comments by Users Are Not Endorsed by Service Provider
Service Provider does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Ratings or Discussion Areas or elsewhere in the Service. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Service Provider.
2. Use of the Service by You
- Your right to use the Service is personal to you: You may not authorize others to use the Service in a manner which conflicts with these Terms, and you are responsible for all of your own use of the Service.
- You agree that the Service shall be used for lawful purposes only and that you will not use any obscene, indecent or offensive language, or place on the Service any material that infringes in any way on the rights of others or is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree and acknowledge that your failure to follow the rules set forth in this Agreement may subject you to civil and criminal liability.
- Other than connecting to Service Provider's servers by HTTP requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
- You agree that you shall not upload, post, or otherwise make available to the Service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you. You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any uploading, posting or submission.
- The Service contains copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. The Service Provider owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in the content original to it. You are prohibited from, and agree not to, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication, or commercial exploitation of downloaded material from the Service will be permitted without the express, written consent of the Service Provider and any other applicable copyright owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark, legend or copyright notice shall be made. You hereby agree and acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- You hereby grant to the Service Provider a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content posted to the Service, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or later developed.
- You agree upon registration with the Service to provide the Service with accurate and complete name and e-mail address information, and to promptly update this information from time to time as needed.
- You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service.
- You acknowledge that the Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
3. Copyright Complaints
Fitness.com respects the intellectual property of others, and we require our users to do the same. Fitness.com may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Fitness.com service in a way that constitutes copyright infringement, or that Fitness.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Fitness.com by providing Fitness.com's copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
4. Materials Provided by Others
You agree that the Service Provider is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including but not limited to, infringing, defamatory, offensive or illicit material.
You agree to indemnify the Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including attorneys' fees) that may arise from your submissions, from your unauthorized use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising through your use of the Service.
6. Editing and Deletions
The Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users in the Discussion Areas or elsewhere on the Service, in its sole discretion and without notice.
7. Additional Rules
The Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional rules.
8. Disclaimer of Warranty and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS.
SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
THE SERVICE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Service Provider has the right to terminate your ability to access the Service, for any reason, without notice.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Washington applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Seattle, Washington. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
If any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.
12. Entire Agreement
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.
If you don't agree to the terms contained in this Agreement, please exit the Service now.
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