Terms and Conditions
Fitenium Terms and Conditions
Last updated February 12th, 2019
The terms and conditions that follow set forth a legal agreement (“Agreement”) between any person, company, or organization that has installed this Application or uses the Website (“You“) and Fitenium. (the “Company”), relating to the application known as “Fitenium” (the “Application“) and to a website located at www.fitenium.com (the “Website“) that enables users to record, upload and share strength training workout videos and earn discounts in gear and sports nutrition.
You should carefully read this Agreement BEFORE installing or using the Application. If You do not agree to be bound by this Agreement, then do not install or use the Application.
By installing, accessing and/or using the Application and/or Website, You are confirming your consent to be bound by the terms of this Agreement.
1. Medical Supervision
You should consult with your doctor, physician or other health provider (“Health Provider“) prior to commencing with any sporting activities. The Application and Website (including the content incorporated therein) are not intended to supplement or replace your Health Provider guidance or advice. By accepting this Agreement, You represent and warrant that You have received guidance from Your Health Provider with respect to Your sporting activities and that You are solely responsible for Your health and that any sporting activity which You may pursue is at your own risk.
You may use the Application and Website only upon your registration thereto. You may register in via the registration form provided on the Application homepage, You shall provide the details requested by the registration form, e.g., name, zip code, country of residence, weight, height, email, etc.
Each shall be referred to as the “Registration Data“.
Age Restriction. You must be at least 13 years old to register to the Application and Website (including by way of uploading a video to each of the Application and Website). If you are a minor at the age between 13 and 18 (or the applicable legal age in Your jurisdiction), you must obtain the consent of your parents or your legal guardian prior to the use of the Application and Website.
By registering / using the Application and/or Website, You represent and warrant that: (i) You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein; and (ii) You have provided true, accurate, current and complete information about yourself.
Company shall have the right to reject or suspend any users from registering to the Application or Website without an obligation to provide any reasons for such rejection or suspension.
3. License to use the Application and Website
The Company grants You a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Application and Website, subject to and in accordance with this Agreement. This license is for the sole purpose of enabling You to use the Application and Website, in the manner permitted by this Agreement. No licenses or rights are granted to You by implication or otherwise.
4. Your Content
As part of Your use of the Application and Website, You are authorized to upload, submit, store, send, or receive on or through the Application data, text, information, screen names, graphics, photos, profiles, audio and video clips, links content and/or data that you upload, submit, store, send, or receive on or through the Application (“Content“).
The Company does not claim ownership in the Content and will not supervise the Content, and You are solely responsible to the Content which You upload submit, store, send, or receive on or through the Application, and the Company shall have no responsibility to such Content and any use thereof by any third party.
The Company may, but have no obligation to, remove, edit, block, and/or monitor the Content that we determine in our sole discretion violates this Agreement and/or any applicable law.
You hereby grant the Company a worldwide, non-exclusive, fully paid, royalty-free, sub-licensable, and transferable license to use, edit, delete, reproduce, distribute, create derivative works of the Content.
By registering to the Application and/or Website, You allow the Company to send You electronic communications including information about your account, newsletters, special offers, promotional emails, surveys and other news and information which the Company think will be of interest to You. You can opt out of receiving such notifications by sending an email to email@example.com.
6. Third-Party Services
The Application and/or the Website may allow You to access, use, or interact with third-party websites, apps, content, and other products and services. Please note that when You use third-party services, their own terms and conditions as well as privacy policies will govern your use of those services.
7. Ownership of the Application
Company owns and will retain ownership of all intellectual property rights related in any way to the Application and Website, including without limitation, any copyright, trademark, trade secret and other proprietary rights in the Application and Website.
All updates and upgrades to the Application and Website will be governed by the version of this Agreement published by Company as of the date You installed such update or upgrade. You acknowledge, however, that the Company is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Application and/or Website.
9. License Restrictions
The following limitations shall apply to your use of the Application and Website:
You may not post nude, partially nude, or sexually suggestive photos.
You are responsible for keeping your password secure and informing us of any suspected breach of your account. You may ask for a password recovery by sending an email from your registered Fitenium account email to firstname.lastname@example.org
You are responsible for any activity that occurs in your account.
You may not use the Application or Website for any illegal or unauthorized purpose. You must comply with all local laws regarding online conduct and with respect to the Content.
You may not remove from the Application or Website any copyright or other proprietary rights notice or any disclaimer.
You may not provide access to or use of the Application to any third party. You may not sell, license, sublicense, transfer, assign, lease or rent the Application or the license granted to You by this Agreement.
You may not make any copies, modify or make works derivative of the Application or Website.
You may not use the Application or Website to develop any product having the same functions as the Application and Website, including, analyze for purposes competitive to the Company, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application or the Website as it contains trade secrets of Company.
Use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Application or Website.
Use the Application or Website for any illegal, immoral or unauthorized purpose.
You represent and warrant that:
You assume full, exclusive and sole responsibility for the use of and reliance on the Application and Website.
You will only publish Content on the Application and Website which you are fully authorized to publish.
It is your responsibility to comply with all applicable laws and regulations while using the Application and Website.
11. Term and Termination
Company may cancel, suspend or block your use of the Application or any component thereof without notice for any reason in its discretion, including if there has been a violation of this Agreement. You may terminate your use of the Application at any time. The Company is not responsible or liable for any records or information that is made unavailable to You as a result of your termination of registration.
The provisions of Sections 4, 9, 10, 12 – 16 of this Agreement shall survive any termination or expiration of this Agreement.
12. No Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION AND WEBSITE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
COMPANY DOES NOT WARRANT THAT THE APPLICATION AND WEBSITE WILL MEET YOUR REQUIREMENTS, THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION AND WEBSITE WILL BE CORRECTED.
THE USE OF THE APPLICATION AND WEBSITE IS NOT IN LIUE OF CONSULTATION WITH A HEALTH PROVIDER.
Without derogating from any other remedy available to Company under applicable law, You agree to indemnify and hold harmless Company and its employees, officers, directors and agents from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of this Agreement and as a result of an infringement of any third party rights by You in connection with the Content uploaded to the Application or Website by You. You shall bear the costs of any legal proceedings, in which the Company may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law.
14. Limitations on Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION AND WEBSITE FURNISHED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED UNDER APPLICABLE LAW, THE LIABILITY OF COMPANY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION AND WEBSITE FURNISHED HEREUNDER SHALL NOT EXCEED US$100.
IN NO EVENT YOU WILL BRING ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE DATE ON WHICH SUCH BREACH HAS OCCURRED.
16. General Provisions
The preamble to this Agreement constitutes an integral part hereof.
The headings in this Agreement are inserted for convenience of reference only and shall not be used for or affect its interpretation.
Company may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Application and the Website, the Application and the Website‘s features, the user interface and design, the extent and availability of the contents in the Application and the Website and any other aspect related to the Application and the Website. You will have no claim, complaint or demand against Company for applying such changes or for failures incidental to such changes.
Company may modify the terms and conditions of this Agreement from time to time. When changes are made, Company will make a new copy of this Agreement available within the Application or the Website. We will also update the “Last Updated” date at the top of this Agreement. Any changes to this Agreement will be effective immediately for new users of the Application and will be effective thirty (30) days after posting notice of such changes on the Application or the Website for existing users. If You do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Application or the Website. Otherwise, your continued use of the Application or the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE APPLICATION TO VIEW THE THEN-CURRENT AGREEMENT.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect.
The terms of this Agreement shall be exclusively governed by and construed under the laws of the Spain (excluding its conflict of law’s provisions). The competent courts of SC de Tenerife, Spain shall have exclusive jurisdiction to adjudicate any dispute arising out of or related to this Agreement.
You may not assign or otherwise transfer any of your rights or obligations under this Agreement to any third party without the prior written consent of Company. Failure by a party to enforce any provisions of this Agreement at any time shall in no manner affect the right of that party at a later time to enforce any provision of this Agreement.
The terms and conditions of the Agreement do not give any third-party beneficiary rights.
You further agree that this Agreement is the complete and exclusive statement of your agreement with Company relating to the Application and supersedes any other agreement, oral or written, or any other communications between You and Company relating to the Application