Terms of ServiceLast Updated: 03 January 2021
WHO WE AREThis Terms of Service covers Fitness Cloud Ltd (collectively, “FitnessCloud”, “we”, “us” or “our”). We provide a platform where Health & Fitness enthusiasts come together to share content and related services through our FitnessCloud.com website (the “Service”).
DESCRIPTION OF OUR SERVICEThe Service enables users to view, upload and share videos and connect with fellow health and fitness enthusiasts. You can browse and search for content without having an account. However, with an account you can upload videos, like videos, subscribe to channels and more.
APPLICABLE TERMSYour use of the Service is subject to these terms, the FitnessCloud Community Guidelines, Privacy and Cookie Policies (collectively, the "Agreement"). Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service. The content on the Service includes videos, photos, text and other materials (collectively, "Content”). If you see any Content you believe does not comply with these terms, such as by violating the Community Guidelines or the law, you can report it to us at email@example.com or click here
REQUIREMENTS AND PERMISSION TO USE THE SERVICEYou may use the Service if you are at least 13 years old. If you are under 18, you must have your parent or legal guardian’s permission to use the Service. By allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.
RESTRICTIONS TO YOUR USE OF THE SERVICEYou may access and use the Service as made available to you, as long as you comply with this Agreement and the law. The following restrictions apply to your use of the Service. You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from FitnessCloud and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
- circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
- access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines; (b) with FitnessCloud’s prior written permission; or (c) as permitted by applicable law;
- collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
- cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
- misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- use the Service to sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where FitnessCloud videos are the only content of value).
INTELLECTUAL PROPERTY RIGHTSIf you have a FitnessCloud account you may upload Content to the Service. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. You retain all of your ownership rights in your Content. However, by providing Content to the Service, you grant to FitnessCloud a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it). The licences are granted by you for the entire period during which your Content is hosted on the FitnessCloud Service. If we reasonably believe that any Content is in breach of this Agreement or may cause harm to FitnessCloud, our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for FitnessCloud or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, FitnessCloud or our Affiliates. If you believe your copyright has been infringed on the Service, please send us a notice at firstname.lastname@example.org or click here
ACCOUNT SUSPENSION AND TERMINATIONFitnessCloud may suspend or terminate your access, your account, or your account’s access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe there has been conduct that creates liability or harm to any user, other third party, FitnessCloud or our Affiliates.
- FitnessCloud does not make any specific claims about the Service including the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.
- To the extent permitted by applicable law, FitnessCloud and its Affiliates will not be responsible for:
- losses that were not caused by FitnessCloud or its Affiliates’ breach of this Agreement;
- the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.
- Business Users: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:
- FitnessCloud and its Affiliates will not be responsible for lost profits, revenues, or data;
- loss of opportunity or anticipated savings;
- indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not)
- Continuation of this Agreement: If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Miscellaneous”.
- Severance: If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
- Assignment: FitnessCloud may transfer all or part of this Agreement to an Affiliate or, if FitnessCloud is sold, to a third party.
- No Waiver: If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).
- Governing Law: Your relationship with FitnessCloud under this Agreement will be governed by the laws of your country of residence, and legal proceedings may be brought in your local courts.
CHANGES TO THIS TERMS OF SERVICEWe reserve the right to make changes to this Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Terms of Service. Any changes or modifications will be effective immediately upon posting the updated Terms of Service, and you waive the right to receive specific notice of each such change or modification.
CONTACT USFor any questions, inquiries, or complaints relating to this Terms of Service, please contact us at email@example.com or click here
The FitnessCloud Team