Terms of Service for FITAPP.pro

myBeweeg offers services that help you train your body, please read the full terms carefully before using the myBeweeg services as they are a legal document which governs your rights and responsibilities.

BY USING THE SERVICES, YOU AGREE TO THE TERMS AND ALL REVISIONS THEREOF. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH USERS AND PERSONAL TRAINERS MAY CREATE AND SHARE TRAINING PROGRAMS AND WORKOUTS AND USERS MAY LEARN ABOUT AND BOOK THEM DIRECTLY WITH PERSONAL TRAINERS. YOU UNDERSTAND AND AGREE THAT myBeweeg IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND PERSONAL TRAINERS. myBeweeg HAS NO CONTROL OVER THE CONDUCT OF USERS, PERSONAL TRAINERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY WORKOUT OR TRAINING PROGRAM, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use the Services. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Services.

Highlights.-

· Your health is very important to us. ALWAYS consult your doctor before starting a new training activity. myBeweeg neither substitutes your doctor, nor is responsible for your behavior. By accepting these Terms and Conditions, you confirm that you are solely responsible for your health.

· When using our Services you are still responsable for any risks associated with your training activity.

· myBeweeg makes no warranties and is not liable for your use of the Services.

Scope.-

1. These terms and conditions ("Terms"), including terms set forth in the privacy policy ("Privacy Policy"), apply for the use of all services ("Services") rendered by myBeweeg, its subsidiaries and affiliates via the website beta.mybeweeg.com ("Site"), all associated sites, distribution channels and via the necessary software applications ("Application") used in connection with the Services to the Users ("User" or "you") of the Services. These Terms may be revised from time to time. At any time, the then-current version of the Terms can be found on the Site (beta.mybeweeg.com/terms).

Introduction.-

1. myBeweeg is an online platform through wich users and personal trainers may create and share training programs and workouts and users may learn about and book them directly with personal trainers. myBeweeg allows User for tracking, managing, and sharing all of your fitness activities.

2. myBeweeg essentially offers its users the following applications and information:

· beta.mybeweeg.com platform, including:

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· Mobile applications for Android and IOS.

- Relevant data is automatically transmitted from the Smartphone to the beta.myBeweeg.com platform.

- Subject to the user’s consent, relevant data can shared with other social networks (e.g., Facebook, Twitter, Instagram), respectively.

· The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the beta.mybeweeg.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user. Additional terms and conditions on the part of the mobile phone-providers apply.

Services and content.-

3. myBeweeg provides an online platform that connects personal trainers with users seeking a workout or a training program (collectively, the "Services"), which Services are accessible at beta.mybeweeg.com and any other websites through which myBeweeg makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and myBeweeg. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

4. The Services include the delivery of software, text, graphics, images, video, audio, data and other material (collectively referred to as the "Content"). The Content includes but is not limited to logos, trademarks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustrations, interfaces, Software data etc. incorporated into, accompanying or generated by the Software. The Content may be owned by mybeweeg or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Content is protected by copyright under both European and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from myBeweeg. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.

5. User generated content.- myBeweeg allows its registered users to upload, save, publish, distribute, transmit and share content with other users. Any content that Users post or otherwise make available on or through the Services, except such Content owned by myBeweeg, its subsidiaries business partners, shall be deemed "User Generated Content", including communications (comments, pep talks etc.), materials, information, data, profiles, messages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds, and any other content.

6. All User Generated Content submitted by you on the Site or via the Application will be considered non-confidential and non-exclusive. The user grants myBeweeg a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. Provided, however, that such use shall be conducted with due respect to your privacy as described in the Privacy Policy.

7. myBeweeg does not claim ownership of any content created by users and will not supervise such content. myBeweeg shall not be responsible for inaccurate content created by users.

8. myBeweeg reserves the right to delete content created by Users, without giving reasons. In this event, the User shall be notified and, in the event of a breach of these Terms, may be sanctioned in accordance with Section “Breach of User obligations”.

Age restrictions.-

9. The Services are intended solely for Users who are thirteen (13) years of age or older and it is a violation of the Terms for anyone under 13 to register for the Platform. Thus, you represent and warrant that you are 13 or older.

10. If you are 13 or older, but under the age of 18, you must review the Terms with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child, agrees and accepts full responsibility for his or her child's use of the Services, including all financial charges and legal liability that such child may incur.

Disclaimer of warranties and liability.-

11. The User uses the myBeweeg Services exclusively at its own risk. This applies, without limitation, to: a) the related use of any hardware; b) downloading of the user's own and third party content; and c) any use by the user of data created or provided by myBeweeg. The user explicitly acknowledges that any such data or content may contain errors, and myBeweeg does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

12. You understand and agree that you download or otherwise obtain the Services at your own risk, and will be solely responsible for your use and any damage to your mobile Device, computer system or other device by which you access the Services, loss of data or other harm of any kind that may occur as a result thereof.

13. WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. To the fullest extent permitted by law, myBeweeg undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise.

14. NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.

15. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. myBeweeg cannot guarantee that use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected, that the Services or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. myBeweeg does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties. You bear the responsibility and cost of your choice of data transmission facilities. However, your carrier's normal rates and fees apply.

16. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. The Services are provided "AS IS" without any express or implied warranties of any kind. myBeweeg disclaims all warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. myBeweeg is not liable for any communications between myBeweeg and you.

17. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the fullest extent permitted by law, myBeweeg, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors ("Released Parties") shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Generated Content, even if myBeweeg has been advised of the possibility of such damages. That said if myBeweeg is found to be liable to you for any damage or loss which is in any way connected with your use of the Services or any content, myBeweeg's liability shall not exceed the fees paid by you for the Use of the Services. You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you in its entirety. However, you agree the provisions of liability will be limited to the extent permitted by law.

Indemnity.-

19. You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Personal safety and no medical advice.-

20. You understand and agree that all your athletic and / or recreational activities using the Services may have inherent, implicit and / or expressed risks of bodily injury or death and / or property damage.

21. You understand and agree that you voluntarily and at your own free will assume all known and unknown risks associated with such athletic or recreational activities even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of myBeweeg or others.

22. You understand and agree that myBeweeg will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services, including but not limited to featured, official or User created challenges, routes, friendly competitions or similar, any single or group training activities or any event that utilizes myBeweeg's Services;

23. Irrespective of any information or Content related to the Services, myBeweeg encourages you to always put safety first, follow applicable traffic regulations, do not change settings on your Device and / or the Software while in motion or in unsafe areas and always be due diligent when exercising.

24. myBeweeg’s Services may include features that promote physical activity. However, you understand and agree that THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You need to consider the risks involved and may need to consult with your medical professional before engaging in any physical activity or diet. myBeweeg is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the Services, delay or negligence in seeking medical advice from your medical professional. YOUR USE OF THE WEBSITE OR THE MOBILE APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND MYBEWEEG.



Registration.-

25. To use all the Services available, a one-time, free registration is required. You can create a myBeweeg account either by direct sign up via the Site or by usage of another sign up feature made available by myBeweeg via the Application. Any signup is subject to you providing the true, accurate and complete personal information ("User Data") as prompted by the relevant sign up feature. You undertake to keep your User Data accurate and current and thus without undue delay update your User Data when relevant.

26. By registering, the user confirms its knowledge and the unlimited recognition of the content of these Terms.

27. For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible.

28. If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these Terms, myBeweeg will delete the corresponding account within a period of seven days.

29. myBeweeg reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

30. myBeweeg is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.

Payable training programs and workouts.-

31. In order to use payable training programs and workouts, you must (i) be a registered user of beta.myBeweeg.com, and (ii) pay the stipulated price along with (in case) the VAT and any other fees or amounts associated with the selected program or workout, by credit card or any other form of payment accepted by beta.myBeweeg.com (the “Booking”).

32. Booking. myBeweeg offers different bookings of training programs and workouts, so that you can choose the one that best satisfies your needs.

33. Payment. Payment is made in advance. Once you have signed up and paid the price, the corresponding program or workout will be added to your account for its validity period.

34. Prices. You can consult the different applicable prices on the beta.myBeweeg.com platform.

35. Booking Period. Any booking period of the training programs or workouts ends after one year, regardless of the user’s actual use of the training program or workout during such period.

Termination.-

36. myBeweeg reserves the right to change, discontinue and / or terminate any and all Services at any time without notice.

37. myBeweeg may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any Users account and User Generated Content and further to restrict Users use of all or any part of the Services. myBeweeg also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Services. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.

38. All users have the right to terminate the use of myBeweeg at any time via its account settings (“My Profile“). myBeweeg shall confirm such termination vis-a-vis the user.

39. As a result of any termination all personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., activities, notes on other users' walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.

40. Upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to [email protected], which shall include the email address provided to myBeweeg upon registration.

User obligations.-

41. User’s of myBeweeg agree:

- They must truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;

- They must diligently care for the personal details and only allow such persons access to its own details that are close to the user;

- They must only save, publish, transmit and distribute content if the user is authorized to pass on such content. They will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person or is otherwise illegal;

- They must not carry out any disrupting interferences in the myBeweeg network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding myBeweeg's software or hardware;

- They must not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;

- They are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link must not portray myBeweeg, its trademarks or any of its marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.

User interaction disclaimer.-

42. You are solely responsible for your interactions with other Users, whether online or in person, including but not limited to comments, challenges, routes, pep talks, friendly competition etc.

43. myBeweeg assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services or persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or Services. You agree to take reasonable precautions in all interactions with other Users on the Platform, and conduct any necessary investigation before meeting another person.

User generated content.-

44. myBeweeg is under no obligation to become involved in any disputes between Users, but may do so at its own discretion. If myBeweeg chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.

45. myBeweeg does not monitor or prescreen User Generated Content prior to posting and does not undertake any obligation or liability relating to any User Generated Content or activities of Users on the Services.

46. You acknowledge, consent and agree that myBeweeg reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or terminate your account for any reason. You agree that myBeweeg may access, preserve and disclose your User Data, and other of your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond to claims that any Content or User Generated Content violates the rights of third parties or protect the rights, property or personal safety of myBeweeg, its Users and the public.

47. The Services allow to make User Generated Content accesible to users of the Services ("User Content") and include the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.

48. You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

49. myBeweeg does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.

Breach of user obligations.-

50. In order to ensure the proper and reliable provision of services, myBeweeg imposes the following sanctions upon breach obligations by a user:

o warning;

o deletion of content;

o temporary deactivation of user account; and

o cancellation (irrevocable deactivation).

51. The type of sanction shall depend on the purpose, impact and type of the breach in light of myBeweeg's and the User's interests.

52. In the event a user account shall be cancelled in accordance with this Section, the respective user shall not be permitted to register again.

Intellectual property rights.-

53. All Intellectual Property to Content (except from User Generated Content) featured or displayed on the Site or via the Services, is the property of myBeweeg, its subsidiaries or myBeweegs's business partners and is protected under Andorran and other copyright laws, patent and trademark laws and other legislation. If you download Software, including any other Content, from the Site, associated sites and/or distribution channels, the Software is licensed to you by myBeweeg. myBeweeg does not transfer title to the Software to you. THE LICENSE TO USE THE SOFTWARE AND SERVICES IS LIMITED, PERSONALLY, NON-EXCLUSIVE, NON-TRANSFERABLE AND FOR NON-COMMERCIAL USE ONLY.

54. NO COMMERCIAL USE. ANY COMMERCIAL USE (E.G. ADVERTISING, SOLICITATION AND OTHER COMMERCIAL CONTENT) IS SUBJECT TO PRIOR WRITTEN AGREEMENT WITH myBeweeg. However, myBeweeg accepts that non-profit public sports clubs may in connection with non-commercial, public sport events use the Services; provided full reference is made to myBeweeg and/or its business partners.

55. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions.

Fraud protection.-

56. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at [email protected] of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.

57. myBeweeg will not refund any amounts paid by you to beta.mybeweeg.com before you report an unauthorized or fraudulent use of your account.

58. myBeweeg has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.

Copyright infringing activities.-

59. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Generated Content if properly notified that such Content or User Generated Content infringes on another's intellectual property rights.

60. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Generated Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Generated Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Generated Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

61. If you are a copyright owner or an agent thereof and believe that any User Generated Content or other Content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

62. Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: Rupert Fornell / Email: [email protected] Only notices relating to complaints in connection with property rights of User Generated Content should be addressed to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on the Services.

Promotions, offers and newsletters.-

63. beta.mybeweeg.com may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

64. The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.

65. The user consents that marketing measures may also be taken in the proximity of content created by such user.

66. beta.mybeweeg.com may send newsletters to registered users. By accepting these T&C, the user allows myBeweeg to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from myBeweeg.

Terms and conditions update.-

67. myBeweeg reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on the beta.mybeweeg.com platform.

68. Changes to these T&C, will be notified to Users with as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the beta.mybeweeg.com platform, or (iii) on any other device through which the user accesses the myBeweeg services. We may invite the user to accept the new T&C by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.

69. In the event that the user does not consent to the changed T&C, it shall not be permitted to any further use of the myBeweeg Services.

70. Following amendment of the T&C, the continued use of myBeweeg's offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user's consent to the amended T&C.

Severability and perseverance.-

71. Should any provision of the Terms be held invalid, unlawful, void or unenforceable, the remainder of the Terms shall continue to be valid and enforceable. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

72. Any provisions of the Terms which by their nature shall survive any termination of use of the Services, irrespective of the cause, including but not restricted to Privacy Policy, Disclaimer of Warranties and Liability, Intellectual Property Rights, Miscellaneous, Severability and Perseverance, Miscellaneous and Applicable law shall survive any termination.

Applicable law and Jurisdiction.-

73. Services are rendered to you under and in accordance with Andorran law. Any dispute between you and myBeweeg is governed in all respects by Andorran law, without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods (CISG).

74. You agree that any notice, agreement or other disclosed communication that myBeweeg sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

75. Place of delivery and exclusive court of jurisdiction shall be Andorra.

Miscellaneous.-

76. myBeweeg may may assign its rights and obligations under these Terms to any party at any time without notice to you.

77. myBeweeg may use subcontractors to perform the Services. Such subcontracting parties shall comply with the applicable provisions of the Terms.

78. The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and myBeweeg.

79. myBeweeg’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.

80. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.

Links, third party Service Providers and Advertisers.-

81. myBeweeg, Users in User Generated Content, third party service providers and advertisers may provide links to other Internet sites and / or other resources. Since myBeweeg has no control over such sites and resources, you acknowledge and agree that myBeweeg shall not be responsible nor liable for the availability, content, advertising, products, services or other materials on or available from such sites or resources. When we do link to a third-party website, this does not automatically imply that myBeweeg endorses that website, its contents or products. Please note that these third-party websites may have their own privacy policy.

82. myBeweeg may choose at any time to have its business partners' and other third parties' products, services, advertisements and other offers made available via the Services. Any such offerings made available to you, even if co-branded with myBeweeg, are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered you are contracting directly with the applicable business partner or third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. myBeweeg shall not be responsible or liable for the performance or nonperformance of any third party service provider or advertiser and any loss or damages of any kind resulting thereof.

Contact and Notices.-

83. All notifications, questions and comments to myBeweeg relating to these Terms can be submitted via e-mail to [email protected]

Institut Nacional d'Educació Física de Catalunya
COPLEFC
National Strength and Conditioning Association
ANEF, Formación de técnicos de fitness