Requirements for Use of the Fitstream Services
The Fitstream Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Full use of the Fitstream Services requires Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Fitstream Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Fitstream Services.
Please see the section entitled "Precautions" below for recommended precautions related to your use of the Fitstream Products and the Fitstream Services.
You represent that you are using the Fitstream Services for its intended purpose. If you are registering or using the Fitstream Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
Content found on Fitstream.com or through the Fitstream Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Fitstream Services. You should consult with your physician before following any training instructions you receive through the Fitstream Services or participating in any event announced on or through the Fitstream Services. Not all exercises or activities described on the Fitstream Services are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or the emergency services immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the Fitstream Services unless such use is directed and closely monitored by a physician. By using the Fitstream Services, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Fitstream Services.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Fitstream Services. If you engage in any exercise program you receive or learn about through the Fitstream Services you agree that you do so at your own risk and are voluntarily participating in these activities.
Information on the Fitstream Services
We try to provide helpful and accurate information on the Fitstream Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Fitstream Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Fitstream Services. If you rely on any information provided by Fitstream, Fitstream employees, or others appearing on or contributing content to the Fitstream Services, you do so solely at your own risk.
Your Privacy Settings
Through the Fitstream Services, we enable you, if you wish, to share information with other users of the service, as this is an important motivator to achieve fitness goals. You can use the privacy settings within the Fitstream Services to control which information about you is shared with others.
You own all of the content and information you post on Fitstream, and you can control how it is shared through your privacy and application settings.
Subject to Fitstream's adherence with the privacy settings you select within the Fitstream Services, you hereby grant to Fitstream a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Fitstream Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on blogs, journals, and user comments. Subject to Fitstream's adherence to the privacy settings you select within the Fitstream Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Fitstream's use of the User Generated Content or require your permission for Fitstream to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Fitstream or its sublicensees relating to Fitstream's or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Fitstream and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Fitstream cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Fitstream account or for any third party's fraudulent use or misuse of information submitted by you.
You represent that the information that you provide about yourself as requested in the Fitstream account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Fitstream with your current email address, so that you may receive notifications and other account-related communications.
Ownership of the Fitstream Services
Except for the User Generated Content, the Fitstream Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Fitstream or its licensors. You acknowledge that the Fitstream Services and any underlying technology used in connection with the Fitstream Services contain Fitstream's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Fitstream Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Fitstream Services not expressly granted to you by Fitstream are retained by Fitstream and its licensors.
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.
There are several areas on the Fitstream Services on which users may post information, including journals, user profiles, and photos (collectively, "Public Pages" or the "Live Stream" / "Live Fitstream"). Any information posted to the Public Pages can be viewed by anyone who visits the Fitstream Services (whether or not such visitors are registered users). Fitstream does not endorse any information posted on the Public Pages and posts made by users do not necessarily reflect the views of Fitstream. Information on the Public Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Public Pages is at your own risk.
By using our Public Pages, you agree to adhere to the following community guidelines:
- Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassing.
- Do not post, advertise or promote products commercially.
Fitstream has the right to remove a post on the Public Pages if it does not meet these standards or for any other reason Fitstream deems appropriate.
You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by You.
If you feel that any content posted on the Fitstream Services infringes your copyrights or other intellectual property rights, please notify us by sending an email to firstname.lastname@example.org.
User Indemnification Of Fitstream
Changes to Fitstream Services
Fitstream may change or discontinue, temporarily or permanently, any feature or component of the Fitstream Services at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Public Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Fitstream shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Fitstream Services.
Third Party Services
Content And Warranty Disclaimer
THE WEBSITE IS PROVIDED BY FITSTREAM AND ITS AFFILIATES "AS IS." NEITHER FITSTREAM NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, FITSTREAM AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, FITSTREAM DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL FITSTREAM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE OR ANY GOODS PURCHASE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FITSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF FITSTREAM, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO £10. FITSTREAM'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
The contract between Fitstream and the Customer shall be governed by and interpreted in accordance with English Law and the Customer submits to the jurisdiction of the High Court of Justice in England, but Fitstream may enforce the contract in any court of competent jurisdiction.
Terms Specifically Related to Our Pro Service and Store Purchases
For users who have elected to purchase a "Pro" subscription to the Services the following additional terms and conditions shall apply:
- If you are signing up for Fitstream Pro Membership, for your membership fee, Fitstream hereby grants to you a license to use all features restricted to Pro subscriptions only.
- You agree to pay Fitstream the stated fees for the Pro Service for the duration of time and the amount you selected at the time of purchase. You permit Fitstream to charge this fee to your credit card and automatically renew the charge for the duration of your membership until you cancel.
- If Fitstream cancels the entire Service, you may request a refund in writing within 30 days after the cancellation and receive a refund for the prorated amount of the fees for the Service. If Fitstream makes a material adverse change to the Service or to the terms of this Agreement, you may terminate this Service and request a refund in writing within 15 days of such change and Fitstream will refund the prorated amount of the fees for the Service. If you cancel within 30 days of joining or renewal, you are eligible, upon request, for a full refund. Termination of your Pro Service account and the refund rights above are your sole remedies under this Agreement and against Fitstream in connection with Fitstream's provision of the Pro Service. Because Fitstream reserves the right to alter or discontinue all or any portion of the Pro Service or the Site, you should be sure to retain a copy of any materials you post on the Site and your User data, which can be exported into an Excel or CSV file.
- You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.
- Subject to the termination and refund rights above, you agree that Fitstream reserves the right to amend the Pro Service and the terms associated therewith at any time and for any reason. Any changes may be posted to the Site or sent to you by email or postal mail.
Fitstream reserves the right to decline to trade with any organisation or individual. In addition, Fitstream may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email within a reasonable period of receipt by Fitstream of the order. Fitstream executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when Fitstream next has available stock or be cancelled. Cards are debited before items are shipped or before services are activated by Fitstream. This website should only be used for ordering purposes by persons over the age of eighteen (18).
In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.
Refunds / Returns / Exchanges
Customers have the right to cancel their order (prior to shipment) for any item purchased on the Fitstream website or over the telephone, for a full refund. In addition, customers have the right to withdraw from the purchase of an order within a seven working days 'cooling off period' after the delivery of the item.
Items must be returned to Fitstream at the customers expense in their original packaging and in perfect 'saleable' order - Fitstream reserves the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale. A full refund minus any delivery costs incurred by Fitstream will be given.
In order to arrange a refund or exchange, you must first contact Fitstream about the return at email@example.com. We will review and where appropriate, authorise your query and provide instructions on how to proceed with the product return. Returns will only be accepted with prior approval from Fitstream.
We recommend using a registered service when returning any items to us. Please note, any customer, who refuses to accept delivery of their order for any reason other than the product being damaged in transit will be liable for any delivery costs incurred by Fitstream.
Lost or Damaged Goods
In the event that any goods are lost or damaged in transit please contact us immediately by email firstname.lastname@example.org. In the case of non-delivery please wait 7 working days from the date of your despatched email in case it has been delayed. In case of goods received damaged or faulty please retain the goods and contact us within 3 days of receipt, whereupon we will arrange for the damaged or faulty goods to be exchanged or we will provide a refund of the cost of the goods.
By law, customers in the UK have the statuary right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel their order (prior to shipment) for any item purchased on the Fitstream and website for a full refund. Customers may cancel their order and receive a full refund prior at any time before the order has been shipped.
The regulations require the customer to send a notice of cancellation in writing or email. For cancellations prior to dispatch, please send an email to email@example.com.
Customers will be responsible for all shipping costs if the order is cancelled after shipment. As a result, you will be charged shipping costs to you and then back to our warehouse. Fitstream can't be held responsible if an order is not cancelled by the customer in time. If cancellation of an order is necessary, it must be done no later than 24-hours after the order placement.
Customs and Duty
Please note that all shipments outside the UK may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you may want to contact your local customs office for further information.
All physical products sold on the Fitstream website are covered by a full manufacturers' warranty. Warranties vary from manufacturer to manufacturer as well as by product. Customers should refer to the product details or speak to a member of the sales team for details of individual product warranties.
Fitstream warrants that if any product purchased from the Website is defective, it will replace the product or refund the purchase price. These warranties shall not apply to any defect, which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Fitstream.
The Customer must return the products, or make them available for collection by Fitstream, in accordance with Fitstream instructions. If returned they must be suitably packaged and, where relevant, returned in accordance with any particular instructions, which Fitstream may have notified to the Customer at the time of supply. The Customer must contact Fitstream to notify of their return and obtain authorisation.
Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect, together with such further information as Fitstream may at the time of supply have stipulated. Where the Customer returns products otherwise than in accordance with these warranty provisions, Fitstream may refuse such products and return them to the Customer at the cost of the Customer. Any products, which are replaced by Fitstream, shall become the property of Fitstream. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be calculated from the date of dispatch of the defective product.
The remedies set out above shall be Fitstream's sole liability and the Customer's sole remedy for any breach of warranty. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. Fitstream will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Fitstream by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control. If the force majeure event continues for a period longer than fourteen (14) days, Fitstream may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
Fitstream Ltd., 18 Gairloch Drive, Washington, Tyne and Wear, NE38 0DS, United Kingdom
Date of last update: Dec 01, 2013