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TERMS AND CONDITIONS OF USE
OF
Fitnessbegin.com
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of Fitnessbegin.com ("the Website") and any Services referred to in Clause
2, is subject exclusively to these Terms and Conditions. You will not use
the Website/Services for any purpose that is unlawful or prohibited by
these Terms and Conditions. By using the Website/Services you are fully
accepting the terms, conditions and disclaimers contained in this notice.
If you do not accept these Terms and Conditions you must immediately stop
using the Website/Services.
1.2 We reserve the right to update or amend these Terms
and Conditions at any time and your continued use of the Website/Services
following any changes shall be deemed to be your acceptance of such
change. It is therefore your responsibility to check the Terms and
Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as
email, bulletin boards, chat areas, news groups, forums and/or other
message or communication facilities ("the Services") designed to enable
you to communicate with others. Unless stated otherwise the Services are
for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our
users, particularly children. Parents who wish to allow their children
access to and use of the Website/Services should supervise such access and
use. By allowing your child access to the Services you are allowing your
child access to all of the Services, including email, bulletin boards,
chat areas, news groups, forums and/or other message or communication
facilities. It is therefore your responsibility to determine which
Services are appropriate for your child. Always use caution when revealing
personally identifiable information about yourself or your children via
any of the Services.
4 PRIVACY POLICY
We are committed to responsible data management and
subscribe to the principals of the data protection legislation in the
United Kingdom. We are committed to maintaining the privacy of our users
and maintaining the security of any personal information received from
you. If you register for any of the Services you will be asked to provide
basic personal information. The information provided by you is not
available for sale or use by third parties. The information is used solely
for notifying you of changes or updates to the Website/Services.
4.1We are committed to
responsible data management and subscribe to the principals of the data
protection legislation in the United Kingdom. We are committed to
maintaining the privacy of our users and maintaining the security of any
personal information received from you. If you register for any of the
Services you will be asked to provide basic personal information. The
information provided by you is not available for sale or use by third
parties. The information is used solely for notifying you of changes or
updates to the Website/Services.
4.2 We use a
technology called "cookies" as part of our normal business procedure to
track patterns of behavior of visitors to the Website. A cookie is an
element of data that the Website sends to your browser that is then stored
on your system. You can set your browser to prevent this happening. Any
information collected in this way can be used to identify you unless you
change your browser settings.
4.3 We
use Google to serve ads to you on this website. They use a special cookie
called a DART cookie. DART cookies enables Google to serve these ads based on your visit to this
site and other sites on the Internet. You may opt out of
the use of this DART cookie by visiting here.
4.4
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and would like to know your options in relation to·not having this information used by these companies, click here.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account
you will be required to complete the registration process by providing
certain information and registering a username and password for use with
that Service. You are responsible for maintaining the confidentiality of
the username and password and also for all activities which take place
under your account. You agree to immediately notify us of any unauthorized
use of your password or account or any other breach of security. In no
event will Fitnessbegin.com be liable for any
indirect or consequential loss or damage whatsoever resulting from the
disclosure of your username and/or password. You may not use another
person’s account at any time, without the express permission of the
account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text,
graphics, logos, photographs, images, moving images, sound, illustrations
and other materials ("the Content"), whether posted publicly or
transmitted privately, are the sole responsibility of the person from whom
such Content originated. We do not control or endorse the Content and
cannot guarantee the accuracy, integrity or quality of such Content and
you acknowledge that by using the Services you may be exposed to Content
that is offensive and/or indecent. Fitnessbegin.com will not be liable in
any way for any Content or for any loss or damage of any kind resulting
from the use of any Content transmitted via the Services and you agree to
bear all risks associated with the use of any Content, including any
reliance on the accuracy or completeness of such Content. The textual
content is supplied for entertainment and information only. A
physician should be contacted and consulted before undertaking any
adjustment in physical activity or diet. The recommends you follow none of
any of the information given on the website or those that connect or link
from it without seeing a physician.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain
letters, pyramid schemes or any other unsolicited messages, commercial or
otherwise;
6.2.2 post, publish, distribute or disseminate material
or information that is defamatory, infringing, obscene, indecent,
threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material
or information that incites discrimination, hate or violence towards any
person or group on account of their race, religion, disability,
nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise
violate the legal rights (including rights of privacy and publicity) of
others;
6.2.5 use any information or material in any manner that
infringes any copyright, trademark, patent or other proprietary right of
any party;
6.2.6 make available or upload files that contain a
virus, worm, Trojan or corrupt data that may damage the operation of the
computer or property of another;
6.2.7 collect or store personal information about others,
including email addresses;
6.2.8 advertise or offer to buy or sell goods or services
for any commercial purpose, unless such communication facility
specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of
misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could
damage, disable, overburden or impair the Website/Services or interfere
with any other party’s use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material
or information that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information
or confidential information disclosed in the course of employment or under
a confidentiality agreement);
6.2.13 attempt to gain unauthorized access to any of the
Services, other accounts, computer systems or networks connected to the
Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Services but
shall be entitled to review materials posted to a communications facility
and, at our sole discretion, to remove any material that breaches these
Terms and Conditions or is otherwise objectionable.
7 TERMINATION
We have the right to terminate your access to any or
all of the Services at any time, without notice, for any reason, including
without limitation, breach of these Terms and Conditions. We may also at
any time, at our sole discretion, discontinue the Website/Services or any
part thereof without prior notice and you agree that we shall not be
liable to you or any third party for any termination of your access to the
Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party
websites that are controlled and maintained by others. Any link to other
websites is not an endorsement of such websites and you acknowledge and
agree that Fitnessbegin.com is not responsible
for the content or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable laws regarding
the transmission of technical data exported from the United Kingdom or the
country in which you reside (if different) and with all local laws and
rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without
limitation the Website design, text, graphics and all software and source
codes connected with the Website and the Services) are protected by
copyright, trade marks, patents and other intellectual property rights and
laws. In accessing the Website you agree that you will access the contents
solely for your personal, non-commercial use. None of the content may be
downloaded, copied, reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright holder. This excludes
the downloading, copying and/or printing of pages of the Website for
personal, non-commercial home use only.
10.2 Fitnessbegin.com does
not claim ownership of any materials you post, upload or submit to any
publicly accessible area of the Services. However, by doing so you are
granting us a world-wide, royalty free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly display, edit, translate or
publish such Content for as long as you elect to display such Content via
the Services. The licence shall be terminated when such Content is deleted
from the Services.
11 INDEMNITY
You agree to indemnify and hold Fitnessbegin.com harmless from and against any breach by you of these
Terms and Conditions and any claim or demand brought against Fitnessbegin.com by any third party arising out of
your use of the Services and/or any Content submitted, posted or
transmitted through the Services, including without limitation, all
claims, actions, proceedings, losses, liabilities, damages, costs,
expenses (including reasonable legal costs and expenses) howsoever
suffered or incurred by Fitnessbegin.com in
consequence of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The
Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without warranty of any
kind whether express or implied, including but not limited to the implied
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, Fitnessbegin.com will not
be liable for any indirect or consequential loss or damage
whatsoever (including without limitation loss of business, opportunity,
data, profits) arising out of or in connection with the use of the
Website/Services.
12.3 Fitnessbegin.com makes
no warranty that the Website/Services will meet your requirements, that
Content will be accurate or reliable, that the functionality of the
Website/Services will be uninterrupted or error free, that defects will be
corrected or that the Website/Services or the server that makes them
available are free of viruses or anything else which may be harmful or
destructive.
12.4 Nothing in these Terms and Conditions shall be
construed so as to exclude or limit the liability of Fitnessbegin.com for death or personal injury as a
result of the negligence of Fitnessbegin.com.
12.5 Nothing in these Terms and Conditions shall affect
your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be determined
to be invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction then such Term or Condition shall be severed and
the remaining Terms and Conditions shall survive and remain in full force
and effect and continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and
Conditions shall be governed by and construed in accordance with the law
of England and you hereby submit to the exclusive jurisdiction of the
English courts.
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