1 ACCEPTANCE OF TERMS
1.1 Your access to and use of SimplyFitnessGear.com (“the Website”) and the Services outlined in Clause 2, are subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 The Website is owned and operated by the company Simply Cyan Limited (registered in Scotland company number 279949) of PO Box 27093, Edinburgh, EH10 6WU and the company together with its owners, agents, employees and directors are collectively referred to in this agreement as the “Company”.
1.3 The Company reserves the right to update or amend these Terms and Conditions at any time without notice and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4 CHANGES TO THE WEBSITE
The Company reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that SimplyFitnessGear.com shall not be liable to you for any such change or removal; and
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
The Company is concerned about the safety and privacy of children. The Website is not intended for use by anyone under the age of 18. If you are under 18 you must leave this Website immediately.
6 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. Your username and password may not be shared with any other person or entity or published in any public forum. You agree to immediately notify the Company via email to supportdesk @ SimplyFitnessGear.com or via the contact form on the Website of any unauthorised use of your password or account or any other breach of security. In no event will the Company be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time.
7 ACCEPTABLE USE
7.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. SimplyFitnessGear.com does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. The Company will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
7.2 In using the Website/Services you agree not to:
7.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
7.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
7.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
7.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
7.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
7.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
7.2.7 collect or store personal information about others, including email addresses;
7.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
7.2.9 impersonate any person or entity for the purpose of misleading others;
7.2.10 violate any applicable laws or regulations;
7.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
7.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
7.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
7.3 The Company has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
The Company has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. The Company may also at any time, at its sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that the Company shall not be liable to you or any third party for any termination of your access to the Website/Services.
9 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that the Company are not responsible for the content or availability of any such sites.
10 LINKING TO SIMPLYFITNESSGEAR.COM
You are hereby granted a non-exclusive, limited and revocable license to link to the public pages of this Website. The Website reserves the right to revoke this license generally or your specific links at any time. If the license is revoked you agree to immediately remove any and all of your links to this site.
i) you agree not to present any link to the Website in any way that it appears to be advertising or endorsing any organization, product or service (other than the Company’s own) without express written permission of the Company
ii) you agree not to present any link to the Website on a site which contains content which could be reasonably considered obscene, defamatory, harassing, offensive, distasteful or malicious or is unlawful
iii) you agree not to use any link to damage the interests of the Company.
iv) you agree not to distort any image, logo or trademark
v) ‘Framing’ the site or its content is expressly forbidden and you may not copy any portion of the site to your server.
vi) you agree not to misrepresent your relationship with the Company or its business
vii) you agree not to link from any website you do not own
viii) you agree not to link from any website which could be considered a competitor of the Company without express permission
You specifically agree to cooperate with the Company to remove or de-activate any such activities and to be liable for all damages which occur as a result of you breaking these conditions.
11 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and Services) are owned by or licensed to the Company or otherwise used by the Company as permitted by law. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
12.2 The Company does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting the Company a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold the Company and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the Company and/or the Website by any third party arising out of your use of the Website or Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Company in consequence of your breach of these Terms and Conditions or other liabilities arising out of your use of this Website.
14 DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
14.2 To the extent permitted by law, the Company will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
14.3 The Company makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
14.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Company for death or personal injury as a result of the negligence of the Company or that of its employees or agents.
14.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
16 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and you hereby submit to the exclusive jurisdiction of the Scottish courts.