Terms & Disclaimers
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Terms of Service
These Terms of Service (“Terms”) are a legal agreement between you and Swimmercise (“Swimmercise,” “us,” or “we”) regarding your use of services available at www.swimmercise.ca including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).
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BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.
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Service Description
The Service is a fitness social network. Users of the Service users may log their fitness activities; see, comment, and like the activities of other users; and receive analysis and insights from the Service about their progress.
Eligibility
You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
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Account
In order to use the Service, you must create an account. By creating an account, you authorize Swimmercise to email you about updates, promotions, motivation, specials, and other marketing content. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service.
You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to info@swimmercise.ca
License
Subject to the terms and conditions of these Terms, Swimmercise grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material or software made available by Swimmercise, for noncommercial and personal use only.
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.
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User Content
In connection with registration for a Swimmercise account, users may upload photos or other materials or information to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so.
Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.
For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and Swimmercise’s business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to Swimmercise in these Terms. You may modify or remove your User Content via your Swimmercise Account or by terminating your Swimmercise Account, but Swimmercise may, in accordance with Swimmercise’s Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.
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You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Swimmercise’s or its partners’ products and services, as determined by Swimmercise in its sole discretion; or (vi) in Swimmercise’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Swimmercise, its affiliates, or users to harm or liability of any nature.
Although Swimmercise has no obligation to screen, edit, or monitor any User Content, Swimmercise reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
Content on the Service, including User Content and Paid Content provided by other users, has been licensed to Swimmercise in accordance with various licensing agreements between Swimmercise and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by intellectual property laws.
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The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service.
Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Swimmercise, Deron, or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Swimmercise, Deron or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.
Copyright Infringement
Swimmercise respects the intellectual property rights of others, and asks you to do the same. It is Swimmercise’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Swimmercise’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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Access; Modifications to the Service
Swimmercise does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers). Swimmercise reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Swimmercise will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
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No Support
Unless otherwise agreed by Swimmercise in writing, Swimmercise is not obligated to provide any support for the Service.
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Contacting Us
If you have any questions or comments about this Policy, please contact us using the following contact information:
Swimmercise
info@swimmercise.ca
Last Updated: January 22, 2019
