Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

DEFINITIONS

The words of which the initial letter is capitalized appearing throughout this document have special meaning within the context of this terms and conditions. These meaning may differ from the meaning that would be used in everyday language. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

  • Application

    means the software program provided by the Company downloaded by You on any electronic device, either from Google play store or provided directly by the company.

  • Application Store

    means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application is available for download.

  • Affiliate Marketing

    means a marketing technique in which the company earns a commission by promoting a product or service made by another retailer or advertiser.

  • Account

    means a unique account created for You to access our Service or parts of our Service.

  • Brand Ambassador

    means a person, who the Company chooses to be the “face” of the brand. A brand ambassador may be a tastemaker in their communities, and may use an already established networks and relationships to market the Company’s brand via word-of-mouth marketing tactics (i.e. referring friends, posting about the brand online, etc.). On top of that, a Brand Ambassador may also represent her/ his Company at specific events, where they may perform product demonstrations or give away sample products.

  • Country

    refers to: United Kingdom

  • Company

    (referred to as either “Company” “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Xoplanet Limited, 8 Hutton Place, Aberdeen, Scotland, United Kingdom, AB16 7HR

  • Content

    refers to content such as text, images, illustrations, music, videos or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device

    means any device that can access the Service such as a computer, a cell phone or a digital tablet.

  • Feedback

    means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Free Trial

    refers to a limited period of time that may be free when purchasing a Subscription.

  • In-app Purchase

    refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

  • Promotions

    refer to contests, sweepstakes or other promotions offered through the Service.

  • Service

    refers to the Application or the Website or both.

  • Social Media

    includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with the Company.

  • Social Media Page

    is a public profile named Fitfoody Global specifically created by the Company on the social networking sites and or applications including but not limited to Facebook, Instagram, Twitter, Pinterest and Tiktok.

  • Subscriptions

    refer to the Services or access to the Service offered on a Subscription basis by the Company to You.

  • Subsidiaries

    means an entity that is controlled by the Company, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Sweepstakes

    refers to a promotional drawing in which benefits or offers are given away at no charge to the participants. Winners are selected at random.

  • Terms and Conditions

    (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service

    means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website

    refers to Fitfoody, accessible from https://www.fitfoody.com

  • You

    means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using.

Acknowledgement

The www.fitfoody.com Website is provided by the Company and/or its Subsidiaries, subject to the terms of these Terms and Conditions of use of our Service, and the rules that may be published from time to time by the Company. By using this site, you are deemed to have agreed to these terms and conditions of use. The Company may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on www.fitfoody.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use the Service.

 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

Attention! Always consult a physician before starting a workout program, changing your workout routine, or changing your diet. Not all workout routine, exercises and/or activities are suitable for everyone. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert. The instructions and advice presented are in no way intended as a substitute for medical or psychological counselling.

General Conditions

Use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. The Company does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the Company may suffer) by doing so. Messages on Fitfoody’s Website and or Social Media will contain information that can be posted and viewed by anyone on the internet. The Company does not endorse any information posted on the Fitfoody’s Social Media pages. The Company is not responsible for the information posted on the boards or for editing any factual errors or making any type of corrections to information presented on the Social Media pages. Any action taken by a viewer of the Social Media pages based on information presented on the Social Media page is at Your own risk and could be dangerous or life-threatening. The Company will not review all communications or materials posted on its on-line forums, in-app chats, Social Media channels and or pages, private, and instant messaging systems, and is not responsible in any manner for the content of posted communications or materials. You may not post or transmit any communications or materials, and the Company has the right to block or delete any communications or materials, on Fitfoody’s message boards, Fitfoody’s social media pages or any other private messaging systems that may: (i) be libellous, defamatory, indecent, obscene, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, sexually explicit, deceptive, or misleading, or constitute stalking, or disclose private or personal information about another person; (ii) violate the privacy or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information; (iii) interfere with the viewing or use by others of Fitfoody’s on-line forums, social media channels, private, or instant messaging systems; (iv) use simultaneous, unattended or continuous connections to Fitfoody, or post or transmit any file containing any viruses or any contaminating or destructive code or features; (v) constitute requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users of the on-line forums, social media pages, social media groups , private, and instant messaging systems of Fitfoody; or (vi) be deemed unacceptable for any reason by Fitfoody. The Company may take steps as it deems necessary to investigate any violation of this Terms and Condition, including the recording of any communications or materials in its Social Media channels and or pages, message boards or private messaging systems. Posts submitted to the Fitfoody’s Website, Social Media pages, Message Boards are not considered confidential. These posts may be used by the Company for any purpose without enquiring permission from the originator. On the Social Media pages, you acknowledge that the Social Media and the features that are offered within are for the public and are not private communications, and you have no expectation of privacy in regards to any submission to Social Media. We cannot guarantee your security of any submission to the Social Media or through this Website, you make such submissions at your own risk. You are and remain solely responsible for the submissions that you distribute through or on any site under your username or by you in any Social Media and for the consequences of submitting and posting same. You should be sceptical about information posted and provided by others, and you acknowledge that use of any submission posted in the Social Media is at your own risk. We are not responsible for, and we do not endorse, advice, recommendations or opinions posted or sent by users in any Social Media and we specifically disclaim any and all liability in connection therewith. The following Rules of Content apply to Fitfoody Website and Application. By using Fitfoody, you agree that you will not distribute any submission, post or imagery that: (i) is defamatory, harassing, threatening abusive, or the invasion of a right of privacy of another individual; (ii) is hateful, racial, offensive or bigoted; (iii) is vulgar, sexually explicit, pornographic, violent or obscene; or (iv) can be expected to harm any person or entity; (v) promotes or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that represents or is an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking stolen or obscene material, deal or abusing drugs, theft, harassment, or conspiracy to commit any criminal activity; (vi) violates or infringes of any third party including; (a) patent, copyright, trademark, trade secret or any other intellectual proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; (vii) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (viii) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites; (ix) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (x) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (xi) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” as those terms are commonly understood and used on the Internet.

 

We here at www.fitfoody.com, reserve the right, but disclaim any obligation or responsibility, to (i) refuse to post or remove or communicate any submission from any site that violates the terms of use and (ii) identify any user to third parties, and/or disclose to third parties any submission or personally identifiable information, that such identification or disclosure will either (a) facilitate compliance with laws, including, compliance with a court order or subpoena, or (b) help enforce these terms of use and/or protect the safety or security of any person or property, including any site. We retain all rights to remove any submissions at any time for any reason or no reason whatsoever. For information about Fitfoody’s Data protection practices, please read our Privacy Policy . This policy explains how Fitfoody treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Fitfoody’s Privacy Policies. We reserve the right to refuse service to anyone for any reason at any time.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UN-INTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FITFOODY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOTFOODY AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR :

 

(I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;(II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF :- (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES ;- (B) MAKE CHANGES WHICH THE COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);- (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;- (D) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE INFORMATION; AND- (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

 

The Services may include hyperlinks to other web sites or content or resources. The Company may have no control over any web sites or resources which are provided by companies or persons other than Fitfoody. You acknowledge and agree that the Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that the Company is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Fitfoody on the Services are subject to change without specific notice to you. In consideration for Fitfoody granting you access to and use of the Services, you agree that may place such advertising on the Services.

 

These Terms of Service, and your relationship with Fitfoody under these Terms of Service, shall be governed by the Scottish Laws without regard to its conflict of laws provisions.

Subscriptions

Free Trial

The Company may, at its sole discretion, offer Subscriptions with a Free Trial for a limited period of time.

 

You may be required to enter Your billing information in order to sign up for the Free Trial.

 

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

 

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

 

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

 

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

 

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

 

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with appropriate Application Store (Google Playstore or Apple App Store).

 

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billings

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

 

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

 

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

 

If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

Terminations

Fitfoody may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

 

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

In App Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

 

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings.

 

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

 

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

 

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.

 

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Promotions, User Trials and Contests

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

 

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

From time to time, Fitfoody may offer contests, sweepstakes, promotions, and user trials as part of the Services, either on or through the Web Site. To participate in contests, sweepstakes, promotions, and user trials subscribers may be required to complete a registration form. Upon submission, all registrations become the exclusive property of the Company. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Contest, contests, sweepstakes, promotions, and user trials unless the description of the contests, sweepstakes, promotions, and user trials expressly invites a user to register multiple times. The Company, at its sole discretion, may suspend or revoke the registration of any Registered User.

 

Registered Users agree to release the Company and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Contest, contests, sweepstakes, promotions and user trials located on, or accessed through, the Web Site. The Company is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any contests, sweepstakes, promotions, and user trials.

 

Each Registered User agrees to be bound by the rules of any contests, sweepstakes, promotions, and user trials and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behaviour published on the Web Site, or the site where the contests, sweepstakes, promotions, and user trials conducted, are subject to immediate disqualification and revocation of their registration. The Company is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

 

Some contests, sweepstakes, promotions, and user trials may offer prizes to Registered Users. All prizes are subject to the rules published with that contests, sweepstakes, promotions, and user trials t. The Company reserves the right to cancel, terminate or alter any Contest or the rules thereof at any time without prior notification.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

 

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

 

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

You must be 18 years or older to use this Service. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to Fitfoody.com will always be accurate, correct and up to date. You are responsible for keeping your password secure. The Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United Kingdom.

Content

The Company’s Services allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

 

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

 

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Your Rights To Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

 

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property

All materials contained in this Web Site are the copyrighted property of the Company and its affiliates or licensors.

 

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

You acknowledge and agree that the Company own all legal right, title and interest in and to the our content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with the Company, nothing in these Terms of Service gives you the right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Fitfoody, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. The Company gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the Fitfoody Application provided to you by the Company as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Fitfoody Services , in the manner permitted by this Terms and Conditions.

 

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by the Company in writing. You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling the Company to display, distribute and promote the Services. You agree that this license includes a right for the Company to make such content available to other companies, organizations and individuals with whom the Company has relationships for the provision of syndicated services, and to use such content in connection with the provision of those Services.

 

When posting and sharing routines on the Fitfoody database, you are confirming the material and content within the routine is of your own original work. The original content must be free of any plagiarism or stolen material to be considered original or of the creator’s design. Each routine submitted is subject to review by the Company for any copyright material. If you are using someone else’s copyrighted materials without permission, you are violating the copyright owner’s exclusive rights as well as the violating the routine submission rules of the Company. Those who violate routine submission are subject to a ban of their account and the immediate removal of the copyrighted workout routine.

 

You understand that the Company , in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the Company to take such actions. You confirm to Fitfoody that you have all the rights, power and authority to grant the above license. It is the Company’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

Governing Law

Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

User Conduct

Fitfoody’s Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a ” Contribution”), chat room, Social Media, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, the Company reserves the right to terminate your subscription and refuse any and all current or future use of the Services.

 

Without limitation of the foregoing, you agree to not use the Web Site or Services to:

You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

 

You acknowledge that the Company is not responsible for material submitted to the Website or the Fitfoody Application or posted to the Social Media by users. The Company have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in the Company’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. The Company is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to the Company. You agree to immediately notify the Company of any unauthorized use of the Service or any other breach of security known or suspected by you. You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Fitfoody, its users or the public.

 

You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Company assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to www.fitfoody.com.

 

Any or all Content on the Web Site may be purged periodically at the Company’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Fitfoody or submitted to Fitfoody, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of the Company. The Company does not support or endorse Content (including any Contribution, whether or not edited by Fitfoody or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Restriction On Use Of Material

The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

 

You must abide by all additional copyright notices or other restrictions contained on the Web Site.

Disclaimers

General Disclaimer

The information contained on the Service is for general information purposes only.

 

The Company assumes no responsibility for errors or omissions in the contents of the Service.

 

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

 

The Company does not warrant that the Service is free of viruses or other harmful components.

Medical Information Disclaimer

The information about health provided by the Service is not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided by the Service, including information linking to third-party websites are provided for informational purposes only.

 

Information offered by the Service is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment.

 

Individuals are different and may react differently to different products. Comments made on the Service by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.

 

The Company is not liable for any information provided by the Service with regard to recommendations regarding supplements for any health purposes.

 

The Company makes no guarantee or warranty with respect to any products or services sold. The Company is not responsible for any damages for information or services provided even if the Company has been advised of the possibility of damages.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law

Fitness and Nutrition Information Disclaimer

External Links Disclaimer

You may be able to link to third parties’ Web Sites (“Linked Sites”) from the Fitfoody Web Site. Linked Sites are not, however, reviewed, controlled, or examined by the Company in any way and the Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Fitfoody’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Fitfoody be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Fitfoody reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.

Errors And Omissions Disclaimer

The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.

 

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

 

The Company believes this constitutes a “fair use” of any such copyrighted material as provided for in Copyright Law of the United Kingdom.

 

If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or Company, including the Company.

 

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

Use At Your Own Risk Disclaimer

All information in the Service is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

 

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.

User’s Grant Of Limited Licence

By communicating with Fitfoody, including submitting or sending Content, a Contribution or other information or material to www.fitfoody.com, you grant Fitfoody the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Fitfoody feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Fitfoody.

 

You also warrant that any “moral rights” in posted materials have been waived.

Food Recipe Submissions

By submitting your recipe and photo to Fitfoody.com, you are representing that you are the author and copyright owner of the submission and/or have all rights necessary to provide this submission (including images) to Fitfoody.com and you have granted Fitfoody.com, a non-exclusive, irrevocable, worldwide, perpetual, fully-paid up, royalty-free transferable right and license, with right to sub-license, publish, republish, resell, distribute, copy and edit the submission an unlimited number of times in all forms and all media whether now known or to become known in the future.

Advertising Policies, Affiliate Disclosure and Third Party Website

By submitting your recipe and photo to Fitfoody.com, you are representing that you are the author and copyright owner of the submission and/or have all rights necessary to provide this submission (including images) to Fitfoody.com and you have granted Fitfoody.com, a non-exclusive, irrevocable, worldwide, perpetual, fully-paid up, royalty-free transferable right and license, with right to sub-license, publish, republish, resell, distribute, copy and edit the submission an unlimited number of times in all forms and all media whether now known or to become known in the future.

Wavier and Release of Liability

By accessing or logging on or downloading the Service, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless the Company, it’s officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the Fitfoody Application and or the Fitfoody Website. You agree that neither the Company, or its officers, directors, shareholders and employees, shall have any liability to you under any theory of liability or indemnity in connection with your use of www.fitfoody.com or Fitfoody Application.

 

You hereby release and forever waive any and all claims you may have against the Company, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of www.fitfoody.com or Fitfoody Application. The total liability of the Company, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided in the 12-months prior to date the claim. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of www.fitfoody.com or Fitfoody Application are hereby excluded even if the Company or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law. Fitfoody makes no representations or warranties as to the conduct of trainers or their compatibility with any current or future Members. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site. You agree to take reasonable precautions in all interactions with Trainers and other Members, particularly if you decide to meet offline or in person.

 

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