Terms of Use

FitCloudConnect TERMS OF USE

 

FITCLOUDCONNECT INC. (“FITCLOUDCONNECT” “WE” “US” “OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.FITCLOUDCONNECT.COM (“WEBSITE”), AND THE FITCLOUDCONNECT PLATFORM ACCESSIBLE THROUGH THE WEBSITE, WHICH PROVIDES FITNESS CENTRE MEMBERS WITH ACCESS TO FITNESS VIDEOS THAT ARE STREAMED FROM THE USER’S FITNESS CENTRE AND STORED ON THE PLATFORM. THESE TERMS OF USE APPLY TO ALL VIEWERS OR USERS OF THE WEBSITE, USERS AND VIEWERS OF THE WEBSITE AND PLATFORM, USERS AND VIEWERS OF THE CONTENT MADE AVAILABLE ON THE WEBSITE, USERS WHO REGISTER FOR AN ACCOUNT ON THE WEBSITE/PLATFORM AND USERS OF ANY SERVICES PROVIDED BY THE WEBSITE AND PLATFORM (COLLECTIVELY, “USERS” “YOU”).  

 

BY USING ANY OF THE FITCLOUDCONNECT WEBSITE AND/OR PLATFORM YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE ANY OF THE FITCLOUDCONNECT OFFERINGS.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY FITCLOUDCONNECT FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.  YOUR USE OF THE FITCLOUDCONNECT OFFERINGS AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW FEATURES THAT MAY BE ADDED TO THE FITCLOUDCONNECT OFFERINGS FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE.  YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

 

IN ORDER TO ACCESS THE FEATURES OF THE PLATFORM, INCLUDING THE VIDEO CONTENT, YOU WILL BE REQUIRED TO REGISTER FOR AN ACCOUNT AND PROVIDE CRTAIN INFORMATION.  ANY PERSONAL INFORMATION THAT YOU PROVIDE WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY, WHICH FORMS AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF OUR PRIVACY POLICY, DO NOT REGISTER FOR AN ACCOUNT OR USE THE WEBSITE, PLATFORM OR SERVICES.

 

  1. The Service.  The FitCloudConnect Offerings provide access to live-streamed, and a stored database of fitness videos filmed at a Users’ fitness center and hosted on the Platform, so that Users can watch and participate in fitness classes at his/her/their convenience by viewing the videos on a smartTV or other mobile device.  For Users who are live-streaming fitness videos, Users will also have the opportunity to interact with the fitness instructor in real-time (the “Service”).

 

Important Medical Disclaimer. YOU USE THE PLATFORM AND SERVICES AT YOUR OWN RISK.  There are potential physical and health risks associated with exercise. You should consult your physician prior to initiating any fitness program, or using or viewing any of the fitness videos or other material made available on the Platform. Similarly, the information provided through the FitCloudConnect Platform does not constitute professional advice, medical diagnoses or advice and should not be used as a substitute for seeking medical advice or assistance from a qualified practitioner.  The fitness videos hosted on the Platform are provided by the fitness center that created such videos, and not by FitCloudConnect.  We are not responsible for any video content streamed, stored or hosted on the Platform, and will not be liable in any way for any video content, or for your use of any video content available via the Platform.

               

  1.   The Service is only available to Users who are members of fitness centers that subscribe for the Service.  In order to access the Service, you must be: (i) at least 13 years of age and, if under 18 years of age, you must have parental or legal guardian consent to use the Service; and (ii) a registered user of the Service who has agreed to these Terms.  When you register for an account, you will be required to provide us with your name, address, age, weight, height, gender, email address and phone number.  You will also be required to select a password.  You are responsible for all activity that occurs on your account including unauthorized activity, so please select a strong password and do not share it with any other person. If you discover or suspect that your account has been compromised please contact us immediately at SUPPORT@FITCLOUDCONNECT.COM 

 

  1. User Profiles.  Once you have registered for an account, you will also be able to create a user profile and upload a profile picture. When you log-in to the Platform, you will be able to see the profiles of other members of your fitness club who are Users of the Services. If you are live streaming a fitness class, the instructor will also be able to see who is participating in the class remotely.

 

  1. .  All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website or the Platform by viewers or Users (“User Content”), is the sole responsibility of such viewers or Users. This means that the viewer or user, and not FitCloudConnect, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. FitCloudConnect does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable.  Under no circumstances will FitCloudConnect be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

 

  1. Restrictions on User Content and Use of the Service. FitCloudConnect reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.  

 

In using the FitCloudConnect Offerings, you shall not:

 

  • copy any content unless expressly permitted to do so herein;

 

  • upload, post, email, transmit or otherwise make available any material that:

 

  • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;

  • you do not have a right to make available under any law or under a contractual relationship;

  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

  • is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;or

  • contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

 

  • impersonate any person or entity or misrepresent your affiliation with a person or entity;

 

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website;

 

  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

 

  • intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

 

  • collect or store personal data about other users or viewers;

 

  • license, sell, rent, lease, transfer, assign or host the FitCloudConnect Offerings, unless expressly permitted to do so by FitCloudConnect; or

 

  • modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the FitCloudConnect Offerings, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

 

You also agree not to access the Website or Platform in a manner that utilizes the resources of the Website or Platform more heavily than would be the case for an individual person using a conventional web browser.  Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

 

6.       License of Content.  By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content.  FitCloudConnect will not be responsible or liable for any use of User Content in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

 

7.       End User License.  Except for User Content, the FitCloudConnect Offerings, and the information and materials that contained therein, including without limitation the information collected using the Website, Platform and the Services are the property of FitCloudConnect and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.  Subject to these Terms of Use, FitCloudConnect grants you a non-transferable, non-exclusive, license to use the Website, Platform and Services for your personal use (the “License”). Nothing in these Terms of Use gives you a right to use the FitCloudConnect names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.  You shall not attempt to override or circumvent any of the usage rules or restrictions contained in the FitCloudConnect Website or Platform.  Any future release, update, or other addition to functionality of the FitCloudConnect Offerings shall be subject to these Terms of Use.

 

  1. .  If you provide FitCloudConnect with any suggestions, comments or other feedback relating to any aspect of the FitCloudConnect Offerings ("Feedback"), FitCloudConnect may use such Feedback in the FitCloudConnect Offerings or in any other FitCloudConnect Products or services (collectively, "FitCloudConnect Offerings"). Accordingly, you agree that: (a) FitCloudConnect is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to FitCloudConnect, (c) FitCloudConnect (including all of its successors and assigns and any successors and assigns of any of the FitCloudConnect Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any FitCloudConnect Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from FitCloudConnect or any other person in respect of the Feedback.

 

  1. . You acknowledge and agree that the Website, Platform and the Service may contain advertisements.  If you elect to have any business dealings with anyone whose Products or services may be advertised on the Website, Platform and/or the Service, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that FitCloudConnect shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.  You shall be responsible for obtaining access to the Website, the Platform and the Service and you acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).  You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website, the Platform or the Service.  It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

 

  1. Links & Third-Party Websites.  The Website and the Platform may contain links to other websites that are not owned or controlled by FitCloudConnect.  In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by FitCloudConnect of that third party, third party product or service. FitCloudConnect is also not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website or the Platform are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. You hereby release FitCloudConnect from all liability and/damages that may arise from your interaction with any third-parties, their websites, products or services.

 

FitCloudConnect does not wish to be linked to or from any third-party website which contains, posts or transmits any of the prohibited content in these Terms of Use. FitCloudConnect reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

 

  1. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.  THE FITCLOUDCONNECT WEBSITE, PLATFORM, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS."  FITCLOUDCONNECT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  USE OF THE WEBSITE, PLATFORM AND SERVICE AND USE OF ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH PRODUCT OR MATERIAL.  FITCLOUDCONNECT DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR IN THE PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND FITCLOUDCONNECT SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.  FITCLOUDCONNECT WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

 

  1. LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL FITCLOUDCONNECT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE FITCLOUDCONNECT OFFERINGS, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE OR IN THE PLATFORM, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE FITCLOUDCONNECT OFFERINGS, INCLUDING YOUR USE OF THE FITNESS VIDEOS, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR FITCLOUDCONNECT PLATFORM, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR THE PLATFORM, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE FITCLOUDCONNECT OFFERINGS.  THESE LIMITATIONS SHALL APPLY EVEN IF FITCLOUDCONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FITCLOUDCONNECT’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID FITCLOUDCONNECT IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

  1. .  YOU SHALL INDEMNIFY AND HOLD FITCLOUDCONNECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH YOUR USE OF THE FITCLOUDCONNECT OFFERINGS INCLUDING WITHOUT LIMITATION ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

 

  1. . FitCloudConnect may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website, the Platform or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that you may have with FitCloudConnect (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to FitCloudConnect), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the FitCloudConnect Offerings (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities.  Termination of your access to the Website or the Platform may also include removal of some or all of the materials uploaded by you.  You acknowledge and agree that all terminations may be made by FitCloudConnect in its sole discretion and that FitCloudConnect shall not be liable to you or any third-party for any termination of your access to this Website or the Platform or for the removal of any of the materials uploaded by you.  Any termination of these Terms of Use by FitCloudConnect shall be in addition to any and all other rights and remedies that FitCloudConnect may have.

 

  1. Availability & Updates. FitCloudConnect may alter, suspend, or discontinue the FitCloudConnect Offerings or any part thereof at any time and for any reason or no reason, without notice. The Website, Service and/or the Platform may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. FitCloudConnect may periodically add or update the information and materials on this Website and/or the Platform without notice.   

  2. .  Information sent or received over the Internet is generally unsecure and FitCloudConnect cannot and does not make any representation or warranty concerning security of any communication to or from the Website or the Platform or any representation or warranty regarding the interception by third parties of personal or other information.   You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. FitCloudConnect will not be liable for any loss or damage arising from your failure to comply with these requirements.

 

  1. .  These Terms of Use, together with our Privacy Policy constitutes the entire agreement between the parties relating to the FitCloudConnect Offerings all related activities.  These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by FitCloudConnect.  If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.  The failure of FitCloudConnect to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by FitCloudConnect must be in writing and shall only apply to the specific instance identified in such writing.  You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without FitCloudConnect’s prior written consent.  FitCloudConnect may assign these Terms of Use to anyone for any reason. These Terms of Use are governed by the laws of Ontario, without regard to conflict of laws rules.  You irrevocably attorn to the jurisdiction of the courts of Ontario.

 

If you have any questions about these Terms of Use or if you wish to make any complaint or claim with respect to the FitCloudConnect Offerings, please contact us at: INFO@FITCLOUDCONNECT.COM

Last Updated: October 19, 2016