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Terms & Conditions
Website Terms and Conditions
AGREEMENT TO TERMS
These Terms and Conditions constitute a
legally binding agreement made between you, whether personally or on behalf of
an entity (“you”) and UnivFitness (“we,” “us” or “our”), concerning
your access to and use of the www.univfitness.com website as well as any other media
form, media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site,
you have read, understood, and agree to be bound by all of these Terms and
Conditions. If you do not agree with all of these Terms and Conditions, then
you are expressly prohibited from using the Site and you must discontinue use
immediately.
Supplemental terms and conditions or
documents that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms and Conditions at any time and
for any reason.
We will alert you about any changes by
updating the “Last updated” date of these Terms and Conditions, and you waive
any right to receive specific notice of each such change.
It is your responsibility to
periodically review these Terms and Conditions to stay informed of updates. You
will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms and Conditions by your continued use
of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is
not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within
such jurisdiction or country.
Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
These terms and conditions were
generated by Termly’s Terms and
Conditions Generator.
All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to use
the Site. If you are a minor, you must have your parent or guardian read and
agree to these Terms and Conditions prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is
our proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
foreign jurisdictions, and international conventions.
The Content and the Marks are provided
on the Site “AS IS” for your information and personal use only. Except as
expressly provided in these Terms and Conditions, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use
the Site, you are granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the Content and the
Marks.
USER REPRESENTATIONS
By using the Site, you represent and
warrant that:
(1) all registration information you
submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of
such information and promptly update such registration information as
necessary;
(3) you have the legal capacity and you
agree to comply with these Terms and Conditions;
(4) you are not under the age of 13
(5) not a minor in the jurisdiction in
which you reside, , or if a minor, you have received parental permission to
use the Site;
(6) you will not access the Site through
automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any
illegal or unauthorized purpose;
(8) your use of the Site will not violate
any applicable law or regulation.
If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).
USER REGISTRATION
You may be required to register with the
Site. You agree to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for
any purpose other than that for which we make the Site available. The Site may
not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1.
systematically retrieve data or other content from the
Site to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
2.
make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
3.
use a buying agent or purchasing agent to make purchases
on the Site.
4.
use the Site to advertise or offer to sell goods and
services.
5.
circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
6.
engage in unauthorized framing of or linking to the Site.
7.
trick, defraud, or mislead us and other users, especially
in any attempt to learn sensitive account information such as user passwords;
8.
make improper use of our support services or submit false
reports of abuse or misconduct.
9.
engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
10. interfere with,
disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
11. attempt to
impersonate another user or person or use the username of another user.
12. sell or
otherwise transfer your profile.
13. use any
information obtained from the Site in order to harass, abuse, or harm another
person.
14. use the Site as
part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
15. decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Site.
16. attempt to
bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
17. harass, annoy,
intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.
18. delete the
copyright or other proprietary rights notice from any Content.
19. copy or adapt
the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
20. upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.
21. upload or
transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as “spyware”
or “passive collection mechanisms” or “pcms”).
22. except as may be
the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other software.
23. disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in
a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other
users of the Site and through third-party websites. As such, any Contributions
you transmit may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby represent and warrant
that:
1.
the creation, distribution, transmission, public display,
or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
2.
you are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and to authorize
us, the Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms and Conditions.
3.
you have the written consent, release, and/or permission
of each and every identifiable individual person in your Contributions to use
the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by
the Site and these Terms and Conditions.
4.
your Contributions are not false, inaccurate, or
misleading.
5.
your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
6.
your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
(as determined by us).
7.
your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8.
your Contributions do not advocate the violent overthrow
of any government or incite, encourage, or threaten physical harm against
another.
9.
your Contributions do not violate any applicable law,
regulation, or rule.
10. your
Contributions do not violate the privacy or publicity rights of any third
party.
11. your
Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a
sexual or violent manner.
12. your Contributions
do not violate any federal or state law concerning child pornography, or
otherwise intended to protect the health or well-being of minors;
13. your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14. your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the
foregoing violates these Terms and Conditions and may result in, among other
things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any
part of the Site, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and
grant and authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site.
You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding
your Contributions.
We have the right, in our sole and
absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to
leave reviews or ratings. When posting a review, you must comply with the
following criteria:
(1) you should have firsthand experience
with the person/entity being reviewed;
(2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability;
(4) your reviews should not contain
references to illegal activity;
(5) you should not be affiliated with
competitors if posting negative reviews;
(6) you should not make any conclusions
as to the legality of conduct;
(7) you may not post any false or
misleading statements;
(8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews
in our sole discretion. We have absolutely no obligation to screen reviews or
to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the views of any of our affiliates or partners.
We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile
application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Terms and
Conditions.
You shall not:
(1) decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules,
or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted by
us or the licensors of the application;
(5) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended;
(6) make the application available over
a network or other environment permitting access or use by multiple devices or
users at the same time;
(7) use the application for creating a
product, service, or software that is, directly or indirectly, competitive with
or in any way a substitute for the application;
(8) use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or
any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a
mobile application obtained from either the Apple Store or Google Play (each an
“App Distributor”) to access the Site:
(1) the license granted to you for our
mobile application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms and conditions;
(2) we are responsible for providing any
maintenance and support services with respect to the mobile application as
specified in the terms and conditions of this mobile application license
contained in these Terms and Conditions or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the mobile
application;
(3) in the event of any failure of the
mobile application to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application;
(4) you represent and warrant that (i)
you are not located in a country that is subject to a U.S. government embargo,
or that has been designated by the U.S. government as a “terrorist supporting”
country and (ii) you are not listed on any U.S. government list of prohibited
or restricted parties;
(5) you must comply with applicable
third-party terms of agreement when using the mobile application, e.g., if you
have a VoIP application, then you must not be in violation of their wireless
data service agreement when using the mobile application;
6) you acknowledge and agree that the
App Distributors are third-party beneficiaries of the terms and conditions in
this mobile application license contained in these Terms and Conditions, and
that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Terms and Conditions against you as a
third-party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the
Site, you may link your account with online accounts you have with third-party
service providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site; or (2)
allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account.
You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account.
By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is available on
and through the Site via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account.
Depending on the Third-Party Accounts
you choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your
Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Site. You will
have the ability to disable the connection between your account on the Site and
your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social
Network Content.
You acknowledge and agree that we may
access your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Site.
You can deactivate the connection
between the Site and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We
will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile picture that
become associated with your account.
SUBMISSIONS
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information
regarding the Site (“Submissions”) provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any
such Submissions, and you hereby warrant that any such Submissions are original
with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent
via the Site) links to other websites (“Third-Party Websites”) as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties (“Third-Party Content”).
Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the content