1. General Terms
LIMITATION OF LIABILITY
B)THE FITNESS GAMES SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES OF ANY KIND WHATSOEVER, AND IN PARTICULAR THE FITNESS GAMES SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OR INJURIES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO OUR SERVICE OR THE INFORMATION CONTAINED IN IT. WHETHER SUCH DAMAGES ARISE IN TORT, NEGLIGENCE, CONTRACT, UNDER STATUE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF THE FITNESS GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS CANNOT BE APPLIED. FURTHERMORE, IT IS YOUR RESPONSIBILITY TO FOLLOW THE EXERCISE INSTRUCTIONS ON OUR SERVICE CORRECTLY AND TAKE THE APPROPRIATE PRECAUTIONS. THE CONTENT ON OUR SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR THE SERVICES OF TRAINED PROFESSIONALS IN ANY FIELD, INCLUDING, BUT NOT LIMITED TO MEDICAL MATTERS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR PHYSICAL OR MENTAL HEALTH AND WELLNESS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATLEY. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY TREATMENT, ACTION, APPLICATION OR USAGE OF DIETARY SUPPLEMENTS, MEDICATION, BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH OUR SERVICE. DEPENDENCE ON ANY INFORMATION APPEARING ON OUR SERVICE IS STRICTLY AT YOUR OWN RISK
C) It is your responsibility to evaluate the usefulness of our Service and any exercises contained therein, in light of your personal fitness level, medical history and physical limitations. Our Service is provided "AS IS" and at your own risk, and you accept full responsibility for any risk of bodily injury, death or property damage arising out of or related to your use of our Service, whether to you or to any other person or entity, including, without limitation, arising out of your performance of the exercises, whether correctly or incorrectly. You therefore hereby release, waive, discharge, and covenant not to sue The Fitness Games, its officers, directors, employees, or any other person or entity in any way affiliated with The Fitness Games, from any and all liability, including, but not limited to, liability for negligence for any personal injury or property damage you might suffer, and for any wrongful death action which your heirs and/or your estate might bring arising from your use of our Service.
D)Neither we, our affiliates, nor any of the directors, owners, employees, agents, and representatives will be liable for any direct, indirect, consequential, special, exemplary, or other losses or damages that may result including, but not limited to, injury, illness, death or economic loss. Our Service may contain the opinions and views of other users. Such content is not intended to, and does not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes.
E) Our Services are designed and intended for adult usage. If you are under 18 years of age, you must consult your physician before engaging in any of the exercises contained in our services to determine whether they are suitable for your age and stage of physical development. Additionally, if you are under the age of 18, you must acquire the consent of your parent or guardian respecting your entry into this Agreement and use of our Services. By using our Services, you are representing and warranting that you have the full right to enter into this Agreement and have acquired all required permissions.
2. Use of Our Service
A) You must be at least 13 years old to use our Service.
B) You must seek medical advice from your physician or other qualified health care professional before using our Service. You should not act on the basis of any content included in, or accessible through, the application without pursuing the appropriate medical or other professional advice on the specific facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
C) You must not post unlawful, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, racial, intimidating, threatening, hateful, abusive, vulgar, obscene, nude, partially nude, sexually suggestive, pornographic, violent, discriminatory, infringing or hateful photos or other content through our Service.
D) You must not post any content linking to website that is or contains content that is unlawful, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, racial, intimidating, threatening, hateful, abusive, vulgar, obscene, nude, partially nude, sexually suggestive, pornographic, violent, discriminatory, infringing or harmful or threatening to others.
E) You must not generate or submit unwanted email, comments, likes or other forms of commercial or harassing communications to any users of The Fitness Games.
F) You must not use domain names or web URLs in your username without prior written permission from The Fitness Games.
G) You must not harass, abuse, threaten, bully defame, impersonate, harm, intimidate, or stalk people or entities and you must not post private or confidential information through our service, including, without limitation, your or any other person’s credit card information, alternate national identity numbers, non-public phone numbers or non-public email addresses or social security numbers.
H) You agree that you will not solicit, gather or use the login credentials of other users on our Service.
I) You are responsible for any actions that take place while using your account on our Service. Keep your username/password secure and do not permit anyone else to access or use your username/password to access our Service. The Fitness Games is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
K) Our Service is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on our Service accept payment from a third party in exchange for your performing commercial activity on our Service
L) Do not impersonate any person or entity. Do not misrepresent yourself, your age or your affiliation with any person or entity.
M) You promise that you own or control all rights to any content that you post on our Service. You are responsible for ensuring that any content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit any content unless you are the owner or have permission from the owner to post such content.
N) You are solely responsible for any content you post to our Service, your interactions with other users and your activity on our Service. Do not take any action or post anything that may expose The Fitness Games or its users to any harm or liability of any type.
O) Do not post any content to our Service or use our Service in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on our service designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or our Service. Do not post content that contains software viruses, programs or other computer code. Do not circumvent or modify security technology or software on our Service.
P) You shall not copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form our Service or any part thereof.
Q) You shall not distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to our Service, in whole or in part, to any third party on a temporary or permanent basis;
R) You shall not remove, deface, cover or otherwise obscure any proprietary rights notice or identification on our Service including without limitation any copyright notice.
S) You shall not copy any written materials accompanying any portion of our Service.
T) You must not impede or disrupt our Service or servers or networks connected to our Service. This is includes spreading any viruses, spyware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise change or interfere with the way any page on The Fitness Games is rendered or displayed in a user’s browser or device.
U) You must not create accounts with our Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You understand and agree that The Fitness Games cannot and will not be responsible for the Content posted on our Service and you use our Service at your own risk.
3. The Fitness Games Rights
A) HEAT RUNNING IS THE TRADEMARK OWNED BY THE FITNESS GAMES PERIOD. All intellectual property on our Service (except for content generated by users) is owned by The Fitness Games which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., our names "The Fitness Games" "Heat Running" and The Fitness Games Logo) are owned and registered by The Fitness Games. All content on our Service (except for content generated by users), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the United States and international copyright laws and is the proprietary property of The Fitness Games; All rights reserved.
B) You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to The Fitness Games, our Service or any part thereof. Your only rights to The Fitness Games, Heat Running, our Service and any part thereof shall be those rights expressly licensed or granted to you under this Agreement.
C) The Fitness Games reserves the right to remove any content from our Service for any reason, without prior notice. Content removed from our Service may continue to be stored by The Fitness Games including, without limitation, in order to obey with certain legal obligations, but may not be retrievable without a valid court order. Consequently, The Fitness Games encourages you to maintain your own backup of your content and you agree that you will not rely on our Service for the purposes of content backup or storage. The Fitness Games will not be liable to you for any modification, suspension, or discontinuation of our Services, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
D) The Fitness Games reserves the right to refuse access to our Service to anyone for any reason at any time. The Fitness Games reserves the right to force forfeiture of any username for any reason. The Fitness Games reserves the right to block, suspend, or delete any user account at any time.
Our Service is provided to you "AS IS" and "WITH ALL FAULTS" basis to the fullest extent permissible by the law, The Fitness Games hereby disclaims all warranties, endorsements, or conditions of any kind whatsoever, whether expressed or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, custom, freedom from computer virus, quiet enjoyment, system integration, non-infringement, security or accuracy. The Fitness games does not assume responsibility and does not represent or warrant that our Service will be error free, uninterrupted, free from omissions and inaccuracies whatsoever or that server that makes our Service available is free from any harmful components, including without limitation viruses. Under no circumstances will The Fitness Games be liable for any loss or damage caused by your reliance on information obtained through use of our Service. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of our Service is only at your own risk. You acknowledge that The Fitness Games makes no warranties, representations, or endorsements of any kind whatsoever as to our Service, our Service content, user content or security associated with the transfer of information to The Fitness Games or through our Service. The Fitness Games has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of our Service, including without limitation: (1.) your implementation of any exercises provided through our Services, (2.) what material you or other users access on or through our Service, or (3.) how you or any other user may interpret or use materials accessed through our Service. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you. By Accessing or using our Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use our Service.
B) By using our Service in any manner, you agree to the hereby waive trial by jury and give up your right to go to court to assert or defend any claims between you and The Fitness Games (except for matters that may be taken to "small claims" courts) You also forfeit your right to partake in a class action or other class action proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be reversed in court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, alter or vacate an arbitration award, may be initiated in any court having competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against The Fitness Games (except for "small claims" courts) may be initiated only in the federal or state courts located in Montgomery County, Maryland. You hereby consent to the jurisdiction of those courts for such purposes.
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