Terms and Conditions

eGym Terms of Service

LAST UPDATED: September 8th, 2016

Welcome to the eGym.com website. These Terms of Use (“Terms”) are a legal contract between you and eGym, Inc. (“us” or “our” or “we” or “eGym”) and govern your use of all the text, data, information, software, graphics, videos, photographs and other materials (all of which are referred to as “Materials”) that we and our affiliates may make available to you through this website and/or any services we may provide through our website, our Mobile Applications or our eGym fitness equipment (the website, services and Mobile Application are referred to collectively in these Terms as the “Services”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES OR MOBILE APPLICATIONS. USING THE SERVICES IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR ANY OTHER PART OF THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

PLEASE NOTE: THE INFORMATION AND MATERIALS POSTED ON AND ACCESSIBLE THROUGH THE USE OF THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. EGYM DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURE, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE WEBSITE OR ON MATERIALS OBTAINED FROM THE USE OF SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY EGYM, CONTRIBUTORS TO THE SERIVCES, OR OTHER USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR IN MATERIALS YOU HAVE OBTAINED THROUGH YOUR USE OF THE SERVICES!

CHANGES.

We may alter the Materials and Services and/or we may choose to modify, suspend or discontinue any part of the Services at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because everyone benefits from clarity, we promise to inform you of any modifications to these Terms by posting them on this website and, if you have registered for an account with us (as described more fully below), by describing the modifications to these Terms in an email that we will send to the address that you provided during registration. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.

If you object to any such modifications, your sole recourse shall be to cease all use of the Services. Continued use of any Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this website or associated with specific Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.

We invite you to use our Services for individual, consumer purposes (“Permitted Purposes”). By using the Services, you agree that you are at least 16 years of age. If you are older than 16, but younger than 18 (a “Minor”), you must have the consent of your parent or legal guardian and receive your parent’s or legal guardian’s permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree that you are solely responsible for monitoring and supervising such Minor’s use of the Services and to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.

In these Terms we are granting you a limited, personal, non-exclusive, revocable and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). You have no other rights in our Services or any part thereof and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website, Materials or Services in any manner. If you make copies of any part of the Materials while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the applicable Service. You may only use such copies in connection with your use of the Services.
Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

MOBILE APPLICATIONS.

We make Mobile Applications available that enable access the Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and eGym only, and not with Apple, Inc. (“Apple”).
  • Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
  • We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that we, and not Apple, are responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and eGym only, and not with Google, Inc. (“Google”).
  • Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
  • Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.

PASSWORD RESTRICTED SERVICE

We appreciate you visiting our website. You need not register with us to simply visit and view the website and not use any Services. However, in order to access certain password-restricted areas of the website, to use certain Services, and access certain Materials, you must successfully register an account with us.

If you want an account with us, you must provide your first and last name, your gender, a working email address and a preferred password through the account registration page on the website. You may also provide additional, optional information so that we can provide you a more customized experience when using the Services –but, we will leave that decision with you. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your password.

We may also provide you with the ability to register for an account using your existing account and log-in credentials from third-party sites and services such as FaceBook. By using such third-party account and/or credentials you are consenting to our retention and use, and such third-party site’s disclosure, of the account, credentials and other populated profile information that you submit.

Once your account is approved, you may use the Services to which you have subscribed at the eGym-enabled fitness facility at which you are a member. eGym may permit you to use the Services at other fitness facilities, but we are under no obligation to do so.

For so long as you use your eGym account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly or by emailing us at support@egym.de. And, if you forget your password – no worries as we will happily send a password update to your provided email address.

You are responsible for complying with these Terms when you access and use the Services, whether directly or through any account that you may setup or use. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify us.

PERSONAL TRAINERS; PROFILE SHARING

Certain users of the Services may be offered the opportunity to register for a “Personal Trainer” account, which eGym will approve in eGym’s sole discretion. eGym reserves the right to make registration as a Personal Trainer dependent on evidence of qualifications and reliability, but has no obligation to confirm the credentials of anyone registering for a Personal Trainer account.

Certain Services may permit you to allow your profile (including related data, such as training results) to be accessed and commented on by other users of the Services. By default, any other users of the Services from the fitness facility with which your profile is linked will be able to see your profile and comment on your exercise activity. In addition, by default, information in your profile will be visible to the fitness facility with which he or she is registered. You may also choose to share your exercise data with Personal Trainer’s with whom you are training.

You may also have the ability to publish your profile information (e.g. training results) or to share it with friends and third parties in social media (e.g. Facebook, Twitter etc.) by creating a link for your eGym profile with your social media account. You are solely responsible for this transfer of your data, and perform such transfer your own risk. eGym is not responsible for the results of any third party’s handling of your data.

YOUR RELATIONSHIP WITH EGYM; DISPUTES AMONG USERS

We are not a party to any service contract

You hereby acknowledge and agree that eGym is NOT a party to any oral or written agreement for services or any other contract entered into between you and any fitness center, Personal Trainer or other third party.

No agency or partnership

No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of any of the Services. You do not have any authority whatsoever to bind us in any respect. Neither we nor any users of the Services may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

Disputes between users

Your interactions with individuals and/or organizations found on or through your use of the Services, including the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party.

You understand that deciding whether to use the services of a fitness center, Personal Trainer or other service provider, is your personal decision for which you alone are responsible. You understand that we do not and cannot make representations as to the suitability of any individual or business with which you may decide to interact in connection with your use of the Services and/or the accuracy or suitability of any advice, information, or recommendations made by any individual or organization.

IF THERE IS A DISPUTE BETWEEN USERS OF THE SERVICES, OR BETWEEN ANY USER OF THE SERVICES AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.“

PAYMENTS.

You agree to pay all applicable fees related to your use of the Services. All fees are based on services purchased, regardless of actual usage. We may suspend or terminate your account and/or access to our Services and this website if your payment is late and/or your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.

If you sign up for a paid subscription to use our Services (“Subscription”), we will charge your credit card for your first fee on the date that we process the order for your Subscription. Subscriptions and the rights and privileges provided to you as a subscriber are personal and non-transferable. By providing a payment method, you expressly authorize eGym and/or eGym’s third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals. We reserve the right to change prices for Subscriptions at any time, and do not provide price protection or refunds in the event of promotions or price decreases. If we change our Subscription fees, we will provide 30 days’ notice on the website and, if you are a current subscriber, to the email address we have on record for you. Non-renewal, or cancellation of your paid subscription will cause your account to revert to a free account.

IMPORTANT NOTICE:

Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on each monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that we charged your credit card for the first Subscription fee. We will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payments. Subscriptions must be cancelled prior to the applicable renewal date. Yearly Subscriptions must be cancelled at least 30 days prior to the anniversary date to avoid automatic renewal, while monthly subscriptions must be cancelled at least 5 days prior to the monthly renewal date. You may cancel your Subscription directly through the website or by emailing us at support@egym.de; provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part, unless you are injured or the eGym-enabled facility in which you signed up to use the Services no longer offers eGym compatible equipment.

All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.

ELECTRONIC COMMUNICATIONS.

By using any of our Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY.

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our “Privacy Policy” which explains everything.

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and we sometimes provide links from the Services to third-party websites. If you use these links, you will leave our Services. We are not obligated to review any third-party websites linked to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow you to interact and/or conduct transactions with one or more third-party websites or services, and, if applicable, allow you to configure your privacy settings in that third-party account to permit your activities on the Services to be shared with your contacts in your third-party site account.

SUBMISSIONS.

Certain areas of the Services may permit you to submit feedback, information, data, text, images, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising us that:

  • You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
  • By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
  • Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
  • Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. You understand that when using the Services you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

UNAUTHORIZED ACTIVITIES.

To be clear, we authorize your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between you and us, all rights in the Services remain our property.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services for any commercial purpose that competes with our Services in any way;

  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) another individual;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt the Services or servers or networks connected to the Services;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
  • Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS.

The Services include registered and unregistered trademarks that belong to us. Other trademarks, names and logos found in the Services are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them in the Services are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

INTELLECTUAL PROPERTY INFRINGEMENT / DMCA POLICY.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of our Services, please provide written notice to our agent for notice of claims of infringement:

eGym GmbH
Prannerstraße 2-4
80333 Munich
Germany

datenschutz@egym.de

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;

  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMER OF WARRANTIES.

THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND THE ENTIRE RISK AS TO THE USE OF THE SERVICES AND MATERIALS IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SERVICES AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES OR MATERIALS, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

LIMITATION OF LIABILITY.

YOU ARE USING THE SERVICES AND MATERIALS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.

LOCAL LAWS; EXPORT CONTROL.

We control and operate the Services from our headquarters in the United States of America and all of the Services may not be appropriate or available for use in other locations. If you use our Services outside the United States of America, you are solely responsible for following applicable local laws. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services may be available in all states or territories.

FEEDBACK.

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

GENERAL.

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.

However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the Services without prior notice to you. Delaware state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Services will be heard in the courts located in New Castle County, Delaware. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and eGym about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us by email at support@eGym.de.