Fitness Apparel reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the Fitness Apparel website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
You must be 13 years or older to use our Services. If you believe that a child under 13 has used our Services and provided us any information, please contact us at [email protected] This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
By accessing the Services, you represent and warrant to Fitness Apparel that: (i) you are an individual (i.e., not a corporation) at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent's permission to do so; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
You may be required to register and select a password and username ("Fitness Apparel User ID") to use certain Services. You may not (i) select or use as a Fitness Apparel User ID a name of another person with the intent to impersonate that person; or (ii) use as a Fitness Apparel User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide Fitness Apparel with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. Fitness Apparel reserves the right to refuse registration of, or cancel a Fitness Apparel User ID in its discretion.
If you are accessing the Services through a third party site or service (such as "Facebook Connect"), Fitness Apparel may require that your Fitness Apparel User ID be the same as your user name for such third party site or service. By providing your third party account credentials to Fitness Apparel, you are consenting to have the information in those accounts transmitted into your Fitness Apparel account. You shall only use third party accounts owned by you and not by any other person or entity.
In the course of using the Services, you and other users may provide information which may be used by Fitness Apparel in connection with the Services and which may be visible to certain other users. By posting information, images, video, blogs, or other content on the Services (collectively, "User Submissions") or otherwise providing User Submissions to Fitness Apparel or in connection with the Services, you hereby grant to (i) Fitness Apparel a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and Fitness Apparel’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
The foregoing license grant to Fitness Apparel does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not Fitness Apparel, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Fitness Apparel and to grant Fitness Apparel the rights to use such information in connection with the Services and as otherwise provided herein.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Fitness Apparel will not be liable for any errors or omissions in any such content. You understand that Fitness Apparel cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Fitness Apparel cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
. Copyrights. All materials displayed or performed on the Services, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video and User Submissions (also known as the "Content"), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
. Personal, Non-Commercial Use. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Fitness Apparel in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission from an officer of Fitness Apparel, or from the copyright holder identified in such Content’s copyright notice. You shall not store any significant portion of any Content in any form.
. Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
. Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by Fitness Apparel in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
. Links. If you link to the Services, Fitness Apparel may revoke your right to so link at any time, at Fitness Apparel’s sole discretion. Fitness Apparel reserves the right to require prior written consent before linking to the Services.
. Company’s Right to Monitor. Fitness Apparel has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, Fitness Apparel reserves the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If Fitness Apparel chooses, in its sole discretion, to monitor the Services, Fitness Aparel assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.
. Company’s Right to Remove Content. Fitness Apparel reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
. No Endorsement. You acknowledge that Fitness Apparel does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.
The technology and the software underlying our Services is the exclusive property of Fitness Apparel. Subject to your compliance with this Agreement, Fitness Apparel grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by Fitness Apparel in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Fitness Apparel, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to Fitness Apparel or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Fitness Apparel, its affiliates, or any third party.
You warrant, represent and agree that you will not use the Services or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without Fitness Apparel’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Fitness Apparel.
Any violation of the above may be grounds for termination of your right to access or use the Services. Fitness Apparel reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that Fitness Apparel deems in its sole discretion to be an illegal or unauthorized use of the Services. Fitness Apparel will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
You are be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the use of the Services.
THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE FITNESS APPAREL WEBSITE, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Without limiting the generality of the foregoing, Fitness Apparel makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). Fitness Apparel displays suggested retail prices for goods offered on fitness-apparel.co.uk based on pricing information provided by vendors, retailers and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Fitness Apparel website. Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Fitness Apparel or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Fitness Apparel makes no representations concerning any Content contained in or accessed through the Services, and Fitness Apparel will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will Fitness Apparel be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.
Fitness Apparel has no special relationship with or fiduciary duty to you. You acknowledge that Fitness Apparel has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from Fitness Apparel’s licensors or other third parties, and all Services are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment, or for any other professional advice of any kind (including without limitation legal or financial advice). Do not ignore professional advice, or delay in seeking treatment because of anyone or any Content on the Services. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Fitness Apparel does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk. The Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Services. The Content is not intended to be legal advice or form an attorney-client relationship of any kind. If you believe you have a legal claim, contact an attorney licensed in your state or country.
When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, "push" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
You agree to indemnify and hold Fitness Apparel, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL FITNESS APPAREL OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND FITNESS APPAREL’S REASONABLE CONTROL.
Your interactions with organizations and/or individuals found on or through the Service (including without limitation Merchants (as that term is defined in the Must Have Terms)), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Fitness Apparel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Fitness Apparel is under no obligation to become involved.
Fitness Apparel reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. Fitness Apparel may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.