Terms And Conditions
Terms And Conditions For Use Of Website
Last updated: FEB 2015
In these terms and conditions, the term “you” means you the user; and the terms “Fitness Kites”, “we”, “us” and “our” means Fitness Kites Digital Limited You can contact us with any questions, queries or complaints by post at this address or by email to: fitnesskites[at]gmail[dot]com
1.1 This website is owned and operated by Fitness Kites(the “Website”). Where we refer to “Content” in these terms and conditions we mean all content, information and material, including software, technology, text, links, forum posts, chat posts, messages, emails, music, sound, graphics, pictures, video, and all audio visual or other material appearing on or emanating to and/or from the Website.
1.2 These terms and conditions (as amended from time to time) govern your use of this Website and any related webpages under our control (including, those on social media sites, such as our official pages on Facebook and Twitter) as well as the chat and bulletin-board or forum facilities on the Website. Where we use the term “Website” in these terms and conditions we therefore mean this website and all those associated content pages.
1.3 You understand and agree that we may add to or change these terms and conditions at any time. New terms and conditions are effective immediately upon posting on this Website. Your continued use of the Website shall constitute on-going acceptance of these terms and conditions, as updated from time-to-time. We therefore recommend that you check this page regularly.
1.4 If you do not agree with these terms and conditions, please do not use the Website.
2.1 You must be at least 16 years of age in order to use the Website.
2.2 We strongly recommend that if you are 16 years of age or older, but not yet 18, you ask your parents for permission before sending any information about yourself to anyone over the internet and we encourage parents to teach their children about safe internet use practices. Parents can find out more at http://clickcleverclicksafe.direct.gov.uk.
3.1 The Website may include hyperlinks to websites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such websites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those websites may collect. Linking to any other service or website from this Website is at your own risk.
3.2 Any third party website that links to this Website must not:
- Create a frame or any other browser or border environment around our Content, unless previously agreed with us;
- Harvest Content either from our pages or our feeds and repackage for public use, unless previously agreed with us;
- Imply that Fitness Kites is endorsing it or its products or services;
- Use any Fitness Kites trade mark without permission from us;
- Infringe any intellectual property or other right of any person;
- Be a website that contains content that could be construed as distasteful, offensive or controversial.
3.3 Fitness Kites expressly reserves the right to request that any link which is in breach of these terms and conditions be removed and to take whatever other action we deem appropriate.
Content Provided by You
4.1 “UGC” means Content that you upload to the Website.
4.2 “Fitness Kites Content” means (i) all Content, excluding UGC, (ii) the design and appearance of the Websites, and (iii) the software which powers the Website.
4.3 You understand that your communications on the Website are not private or confidential and may be viewed by others accessing the Website.
4.5 We reserve the right, but undertake no duty, to review, edit, move or delete any UGC in our sole discretion and without notice.
4.6 We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted as UGC. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not represent the view of Fitness Kites. You agree that, to the maximum extent permitted by applicable law, we have no responsibility or liability to you for UGC, including for any failure to or delay in removing UGC.
4.7 You are solely responsible for your UGC and may be held liable for UGC that you post. In this regard, you agree that you will not:
- Upload UGC that is disruptive to the flow of chat, hateful, abusive, racist, sexually offensive, defamatory, threatening to another user, infringing of third party rights (such as copyright, trademark, trade secret or any other personal or proprietary rights), invasive of personal privacy or publicity rights, or in our reasonable view, otherwise objectionable.
- Impersonate another person (including celebrities), indicate falsely that you are an employee or a representative of
- Fitness Kites or its companies or business partners.
- Upload any UGC that you do not own or have the rights to upload or that is illegal.
- Promote any form of illegal activity, including (by way of example) hacking, drug taking, terrorism, cracking or distribution of counterfeit software.
- Post messages for any purpose other than personal communication, including junk mail, advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Modify any part of the Website.
4.8 When you upload UGC, you grant us a non-exclusive, perpetual (i.e. Lasting forever), worldwide, irrevocable right to exploit it in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party and you waive, and agree not to assert any moral or similar rights you may have in your UGC.
Use of the Website by You
5.1 You may retrieve and display Content from this Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthoriZed use, by publication, re-transmission, distribution, performance, caching or otherwise, of any Content.
5.2 You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
5.3 Other than connecting to Fitness Kites’s servers by HTTP requests using a web browser, you may not attempt to gain access to Fitness Kites’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
5.4 You agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any Content.
Intellectual Property Rights
6.1 All Content and other material on the Website is owned by us or our third party licensors (and is protected by international copyright, trade dress, design, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights).
6.2 You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices appearing on the Website. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Fitness Kites Content.
6.3 Making unauthoriZed copies of Fitness Kites Content found on this Website may result in the prohibition of your use of the Website and further legal action.
7.1 We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate the access of users who infringe the rights of others.
7.2 If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright, please contact us.
8.1 You agree to indemnify Fitness Kites and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your UGC, from your unauthorized use of our Content and from your breach of these terms and conditions.
Competitions and Prizes
9.1 From time to time we may run competitions, free prize draws and promotions on the Website. These are subject to separate terms and conditions that will be made available in each instance.
10.1 We reserve the right to post, from time to time, additional terms and conditions that apply to specific parts of the Website. Such additional terms and conditions will be posted in the relevant parts of the Website, and will be clearly identified. Your use of those parts of the Website constitutes your agreement to those additional terms and conditions.
Disclaimer of Warranty and Limitation of Liability
11.1 To the maximum extent permitted by applicable law, you expressly agree that your use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis for your use, and to the extent permitted by applicable law, Fitness Kites and its group companies hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Website.
11.2 Fitness Kites and its group companies do not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website. We do not guarantee that you will be able to access or use the Website at times or locations of your choosing, or that we will have adequate capacity for the Website as a whole or in any specific geographic area.
11.3 In no case shall Fitness Kites or its licensors (including Fitness Kites group companies), employees, officers, or directors (“Fitness Kites Affiliates”) be liable for direct, indirect, special, consequential or punitive damages arising from your use of the Website, the internet or for any other claim related in any way to your use of the Website, including for viruses alleged to have been obtained from the Website, your use of or reliance on the Website or any of the information or materials available on the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Fitness Kites’s and Fitness Kites’s Affiliates’ liability shall be limited to the full extent permitted by law. Fitness Kites does not endorse, warrant or guarantee any third party product or service offered through the Website and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
11.4 Fitness Kites’s liability will not be limited in the case of fraudulent misrepresentations, death or personal injury directly caused by Fitness Kites’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
12.1 We have the right to terminate your ability to access the Website, for any reason, without notice.
14.1 In the event that any term of these terms and conditions is held to be invalid or unenforceable, the remainder of the terms and conditions shall remain valid and enforceable.
14.2 These terms and conditions are governed by and construed in accordance with the laws of India be subject to the exclusive jurisdiction of the courts of India.
14.3 If you need any help or have any questions, please feel free to contact us at the postal or email address set out at the head of these terms and conditions.