fitness.vidlogs.com and No Days Off ProductionsInc. Terms of Service
Last Updated: Sept 18TH 2016
PLEASE ENSURE THAT YOU READ THIS DOCUMENT CAREFULLY.
Prior to using the fitness.vidlogs.com Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the fitness.vidlogs.com Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF: YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, YOUR DOCTOR HAS EVER SAID YOU HAVE A HEART CONDITION OR HIGH BLOOD PRESSURE, YOU FEEL PAIN IN YOUR CHEST AT REST, DURING YOUR DAILY ACTIVITIES OE WHEN YOU ENGAGE IN PHYSICAL ACTIVTY, YOU HAVE EVER LOST BALANCE BECAUSE OF DIZINESS, YOU HAVE LOST CONSIOUSNESS IN THE PAST 12 MONTHS, YOU HAVE EVER BEEN DIAGONSED WITH A CHRONIC MEDICAL CONDITION, YOU ARE CURRENTLY PRESCRIBED MEDICATIONS FOR A CHRONIC MEDICAL CONDITION, YOU CURRENTLY HAVE (OR HAVE HAD IN THE PAST 12 MONTHS) A BONE, JOINT, OR SOFT TISSUE (MUSCLE, LIGAMENT OR TENDON) PROBLEM THAT COULD BE MADE WORSE BY BEING MORE PHYSICALLY ACTIVE.
NOTHING STATED OR POSTED ON THE FINTESS.VIDLOGS.COM SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE FINTESS.VIDLOGS.COM SERVICE IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
FINTESS.VIDLOGS.COM AND ANYONE ASSOCIATED WITH OR FEATURED ON FINTESS.VIDLOGS.COM SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE FINTESS.VIDLOGS.COM SERVICE.
Content of These Terms of Service
1. Who May Use the fitness.vidlogs.com Service
2. Professional Advice and Medical Disclaimer
3. Your Representations and Warranties as a Member
4. General Disclaimers
5. Limitation of Liability
7. Membership Provisions
9. Term and Termination; Account Deletion
10. Content Restrictions
11. Code of Conduct and Prohibited Activities
14. License to Use the fitness.vidlogs.com Service
15. Third Party Links and Content
16. Intellectual Property
17. Copyright / DMCA Policy
18. General Provisions
1. Who May Use the FINTESS.VIDLOGS.COM Service
AGE REQUIREMENT: You must be at least 18 years old to use the fitness.vidlogs.com Service.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the fitness.vidlogs.com Service. If your child is using the fitness.vidlogs.com Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the fitness.vidlogs.com Service, please contact us at email@example.com.
2. Professional Advice and Medical Disclaimer.
BE AWARE THAT WHEN YOU PARTIPATE IN ANY EXERCISE PROGRAM OR ENGAGE IN ANY PHYSICAL ACTIVITY, THERE EXISTS THE POSSIBILITY OF PHYSICAL INJURY. IF YOU CHOOSE TO ENGAGE IN ANY EXERCISE(S) ON NODAYSOFFPRODUCTIONS.NET, YOU AGREE THAT YOU DO SO ON A VOLUNTARY BASIS, ASSUME ALL RISKS OF INJURY TO YOURSELF, AND AGREE TO RELEASE AND DISCHARGE NO DAYS OFF PRODUCTIONS INC. ITS TRAINERS AND ALL OF ITS STAFF, DIRECTORS AND PERSONNEL FROM ANY AND ALL CLAIMS.
TO DETERMINE IF THIS PROGRAM IS RIGHT FOR YOU, CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS PROGRAM. THIS IS ESPECIALLY TRUE IF: YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, YOUR DOCTOR HAS EVER SAID YOU HAVE A HEART CONDITION OR HIGH BLOOD PRESSURE, YOU FEEL PAIN IN YOUR CHEST AT REST, DURING YOUR DAILY ACTIVITIES OE WHEN YOU ENGAGE IN PHYSICAL ACTIVTY, YOU HAVE EVER LOST BALANCE BECAUSE OF DIZINESS, YOU HAVE LOST CONSIOUSNESS IN THE PAST 12 MONTHS, YOU HAVE EVER BEEN DIAGONSED WITH A CHRONIC MEDICAL CONDITION, YOU ARE CURRENTLY PRESCRIBED MEDICATIONS FOR A CHRONIC MEDICAL CONDITION, YOU CURRENTLY HAVE (OR HAVE HAD IN THE PAST 12 MONTHS) A BONE, JOINT, OR SOFT TISSUE (MUSCLE, LIGAMENT OR TENDON) PROBLEM THAT COULD BE MADE WORSE BY BEING MORE PHYSICALLY ACTIVE.
ALL OF THE EXERCISES AND INFORMATION THAT IS PRESENTED ON FITNESS.VIDLOGS.COM OR ANY IMAGES OR VIDEOS ASSOICATED WITH THE SITE WHETHER RECORDED OR LIVE IS INTENDED FOR GENERAL EDUCATION/ENTERTAINMENT PURPOSES ONLY AND SHALL NOT CONSTITUTE OR REPLACE ANY MEDICAL OR PROFESSIONAL HEALTH CARE, DIETS OR MEDICAL ADVICE. MAKE SURE THAT YOU CONSULT YOUR DOCTOR BEFORE ENGAGING IN THIS OR ANY OTHER FITNESS PROGRAM. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. Vidlogs and NO DAYS OFF PRODUCTIONS INC. MAKES NO GURANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF ANY VIDEO, TEXT OR AUDIO CONTENT, WHETHER RECORDED OR LIVE.
IF YOU ARE IN CANADA OR THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE FITNESS.VIDLOGS.COM SITE SUBSCRIPTION CLUB IS CONTINUALLY UNDER DEVELOPMENT AND MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE NODAYSOFFPRODUCTIONS.NET SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. Your Representations and Warranties as a Member
In becoming a Member of fitness.vidlogs.com with the intent of using the fitness.vidlogs.com Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever said that you have a heart condition, high blood pressure or that you should only do physical activities recommended by a physician; (ii) you have never felt pain in your chest during your daily activities or when you engage in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you have never been diagnosed with a chronic medical condition; (vi) your physician is not currently prescribing drugs for your blood pressure, heart condition or any other chronic illness; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; (vii) you do not currently (or have had within the past 12 months) a bone, joint, or soft tissue (muscle, ligament, or tendon) problem that could be made worse by becoming more physically active; and (IX) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Nodaysoffproductions.net Services.
If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of fitness.vidlogs.com
4. General Disclaimers
fitness.vidlogs.com and No Days off Productions Inc. provides Service on an “as is” and “as available” basis. You therefore use the fitness.vidlogs.com Service at your own risk.
fitness.vidlogs.com and No Days Off Productions Inc. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, fitness.vidlogs.com and No Days Off Productions Inc. makes no representations or warranties:
• That the fitness.vidlogs.com and No Days Off Productions Inc. Service, or any particular fitness program is suitable for you;
• That the fitness.vidlogs.com and No Days Off Productions Inc. Service will meet your personal needs;
• Regarding the adequacy or safety of the fitness.vidlogs.com and No days off Productions Inc. Service for any particular user;
• That the fitness.vidlogs.com and No Days Off Productions Inc. Service will be permitted in your jurisdiction;
• That the fitness.vidlogs.com and No Days Off Productions Inc. Service will be uninterrupted or error-free;
• Concerning any third party’s use of content that you submit;
• Concerning any content submitted by any member;
• That fitness.vidlogs.com and No Days Off Productions Inc. will continue to support any particular feature of the fitness.vidlogs.com and No Days Off Productions Inc. Service; or
• Concerning sites and resources outside of the fitness.vidlogs.com and No Days Off Productions Inc. Service, even if linked to from the fitness.vidlogs.com and No Days Off Productions Inc. service.
You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the fitness.vidlogs.com and No Days Off Productions Inc. Services. fitness.vidlogs.com and No Days Off Productions Inc. has no obligation to screen or monitor device.
To the extent that a secondary party may have access to or view fitness.vidlogs.com and No Days Off Productions Inc. content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the fitness.vidlogs.com and No Days Off Productions Inc. service, and no warranties shall apply after such period.
fitness.vidlogs.com and No Days Off Productions Inc. does not guarantee that any content made available on the fitness.vidlogs.com and No Days Off Productions Inc. service is suitable for all users. fitness.vidlogs.com and No Days Off Productions Inc. shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display.
5. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall fitness.vidlogs.com and No Days Off Productions Inc., nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) No Days Off Productions Inc. , and its affiliates’ total liability to you shall not exceed the amounts paid by you, if any, to fitness.vidlogs.com and No Days Off Productions Inc. over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
• What information we may collect about you;
• What we use that information for; and
• When and with whom we share that information.
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
7. Membership Provisions
REGISTRATION: To fully use the fitness.vidlogs.com. Service, you must register as a member by providing a user name, password, valid email address. You must provide complete and accurate registration information to fitness.vidlogs.com and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by fitness.vidlogs.com. If you wish to inquire about possible commercial use, please contact us at firstname.lastname@example.org.
fitness.vidlogs.com may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. YOU MUST NOT ALLOW OTHERS TO USE YOUR ACCOUNT. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the fitness.vidlogs.com Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at email@example.com.
8. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the fitness.vidlogs.com Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, you will need to first log into your account, and then select the “My Account” then click “Subscriptions”, in red next to the Subscription is “Cancel” option, which you can click and then confirm by selecting the “Confirm” button.
A notification will be located at the top of the screen confirming that you have canceled your account. A email will be sent to the email address we have on file for that subscription confirming the cancellation has gone through. You can also cancel by going into your Account Settings (located in the header under your profile name), navigating to the “Manage Subscription” tab and scrolling down where you will find the link to cancel.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the fitness.vidlogs.com Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: fitness.vidlogs.com may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if we determine that you have violated any provision of this agreement or that your conduct or content would tend to damage the reputation or goodwill of fitness.vidlogs.com. If your account is deleted for the foregoing reasons, you may not re-register for the fitness.vidlogs.com Service. fitness.vidlogs.com may block your email address and Internet protocol address to prevent further registration. fitness.vidlogs.com is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by fitness.vidlogs.com will terminate. Sections 4-5, 9, and 12-18 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. fitness.vidlogs.com shall not be responsible for the loss of such content.
9. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any image, video, audio, text, or other work (collectively, “content”) that:
• Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
• Contains sexually explicit content or pornography;
• Advocates harassment or intimidation of another person;
• Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• Exploits minors;
• Depicts unlawful acts or extreme violence;
• Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
• Depicts animal cruelty or extreme violence towards animals; or
• Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
10. Code of Conduct and Prohibited Activities
In using fitness.vidlogs.com Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
• Act in a deceptive manner by, among other things, impersonating any person;
• Harass or stalk any other person;
• Harm or exploit minors;
• Distribute “spam”;
• Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
• “frame” or “mirror” any part of the Service or the Site;
• use meta tags or code or other devices containing any reference to nodaysoffproductions.net, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of nodaysoffproductions.net) to direct any person to any other website for any purpose;
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
• post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
• Collect information about others;
• Promote fraudulent schemes, multi-level marketing (MLM) schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
• Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.; or
• Participate in any activity that in any way violates any law.
Fitness.vidlogs.com has the right, but not the obligation, to monitor all conduct on and content submitted to the fitness.vidlogs.com Service. Fitness.vidlogs.com reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
Fitness.vidlogs.com reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that fitness.vidlogs.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
As between you and fitness.vidlogs.com, you own all content that you submit to the fitness.vidlogs.com Service, whether directly via the fitness.vidlogs.com Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to fitness.vidlogs.com you are granting fitness.vidlogs.com and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the fitness.vidlogs.com Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to fitness.vidlogs.com on improving or adding new features to the fitness.vidlogs.com Service, fitness.vidlogs.com shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to fitness.vidlogs.com and grant the licenses set forth above; (ii) No Days Off Productions Inc. or fitness.vidlogs.com will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless No Days Off Productions Inc, fitness.vidlogs.com and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the fitness.vidlogs.com; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to fitness.vidlogs.com violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Fitness.vidlogs.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with fitness.vidlogs.com in connection therewith.
13. Third Party Links and Content
Certain links on the fitness.vidlogs.com Sites and/or the fitness.vidlogs.com Service may let you leave the particular fitness.vidlogs.com Site or fitness.vidlogs.com Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that fitness.vidlogs.com does not control these sites, nor has fitness.vidlogs.com reviewed or approved the content which appears on the linked sites. fitness.vidlogs.com is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that fitness.vidlogs.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the fitness.vidlogs.com Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that No Days Off Productions Inc. and fitness.vidlogs.com shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
16. General Provisions
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from http://fitness.vidlogs.com/and No Days Off Productions Inc. electronically. http://fitness.vidlogs.com/and No Days Off Productions Inc. may provide all such communications by email or by posting them on the http://fitness.vidlogs.com/and No Days Off Productions Inc. For support-related inquiries, you may send an email to firstname.lastname@example.org.
Nothing herein shall limit http://fitness.vidlogs.com/and No Days Off Productions Inc.’s right to object to subpoenas, claims, or other demands.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
END OF DOCUMENT