AthletiCulture TERMS & CONDITIONS OF USE AGREEMENT
Welcome to the Athleticulture website!!
The Athleticulture website (hereinafter referred to as the “Website”) is designed to provide you with high quality video of Yoga,Ballet,Barre and Functional strength training classes, foundational moves, information about fitness, Yoga, Ballet, Barre and Functional training and to bring together a community of people that are interested in maintaining their own practice at home and interested in fitness and health in general. Except where specifically advertised for teens and children, this Website is not directed to persons under eighteen (18) years of age.
The Website is owned by Athleticulture (“Athleticulture”). These Terms & Conditions of Use apply to all of the products, services and websites offered by Athleticulture, the mobile versions thereof, any Athleticulture software that you have embedded on a web site or are about to embed (“Athleticulture Widgets”), and any applications created by Athleticulture (“Athleticulture Apps”) whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any Athleticulture Apps on a social networking site does not indicate any relationship or affiliation between Athleticulture and such social networking site.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms
The Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” (which means that you have registered on one of our Websites as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Website. You agree to be bound by any modification to this Agreement when you use any of our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Athleticulture reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and use of our Website is void where prohibited.
Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Athleticulture. Athleticulture reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available:
- for your information and personal use;
- as intended through the normal functionality of the Athleticulture Service; and
- for Streaming, “Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Athleticulture Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Website Videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Physical exercise, in all of its forms, including but not limited to Ballet,Barre, yoga, functional training, weightlifting, cardiovascular exercises of any kind, dance, walking, stretching, running, and with or without the use of equipment such as weights or any other equipment that may be suggested by a Athleticulture instructor, is a strenuous physical exercise and poses the risk of injury or physical or mental exhaustion. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise, regimen, routine, and/or program and use any suggested apparatus, shown in any of the video clips on the Website. Athleticulture is not a medical organization and our instructors or staff cannot give you medical advice or diagnosis. All suggestions and or comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Athleticulture videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using our site you represent that you understand that the practice of physical exercise involves strenuous physical movement and that such practice carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for practicing physical exercise. It is your responsibility to ensure that by participating in classes and activities from Athleticulture, you will not exceed your limits in the practice of physical exercise, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Athleticulture, or any person or entity involved with Athleticulture, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
5. Member Account, Password and Security
If you register on one of our Websites, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Athleticulture of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use Member’s account without prior authorization from Athleticulture. Athleticulture will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities Including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- Includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Athleticulture servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7. Responsibility for Content
You, and not Athleticulture, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service. Athleticulture does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Athleticulture be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
8. Rejection/Removal of Content
You acknowledge that Athleticulture may or may not pre-screen Content posted on our Website, that Athleticulture is not responsible for behavior or comments of teachers and/or students and/or music presented in Website video Content, but that Athleticulture shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Athleticulture shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Athleticulture, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Athleticulture.
You acknowledge, consent and agree that Athleticulture may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Athleticulture, its Members and the public. Under no other circumstances will Athleticulture intentionally disclose your account information to any third party.
10. Security Components
You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Athleticulture and/or content providers who provide content to Athleticulture. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Website.
11. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, master recordings, compositions, software and other elements (collectively, “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Athleticulture or by 3rd parties that have licensed or otherwise provided their material to Athleticulture. You acknowledge and agree that all Content on the Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Athleticulture’s prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
12. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Athleticulture. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of member privileges.
13. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through our Website or the Service, you hereby grant to Athleticulture a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Athleticulture has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Athleticulture’s servers after the Content appears to have been removed from our Website, and Athleticulture retains the rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the Posting of your Content on or through our Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
14. Athleticulture and Third Party Content
Our Website contains Content of Athleticulture, and Content of third party licensors to Athleticulture (including content provided by users of our Website, as described above and master recordings and compositions), which is protected by copyright, trademark, patent, trade secret and other laws. Athleticulture owns and retains all rights, title and interest in the Athleticulture Content. Athleticulture hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Athleticulture Content and any third party Content located on or available through our Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.
15. Other Sites.
16. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
18. Copyright Policy
The Content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Athleticulture, subject to copyright and other intellectual property rights under the law.
Athleticulture has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Athleticulture reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Athleticulture or of a third party, or otherwise violated any intellectual property laws or regulations. Athleticulture’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Athleticulture to delete, edit, or disable the material in question, you must provide Athleticulture with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Athleticulture to locate the material; (d) information reasonably sufficient to permit Athleticulture to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Athleticulture either by e-mail, or by U.S. mail to our designated agent for notification of infringement.
19. Member Disputes
You are solely responsible for your interactions with other Members. Athleticulture reserves the right, but has no obligation, to monitor or litigate disputes between you and other Members.
20. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of our Website. You may terminate your account at any time, for any reason, by following the instructions on the Website. Athleticulture reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if Athleticulture believes that you have breached any of the terms of this Agreement, furnished Athleticulture with false or misleading information, or interfered with use of the Website or the Service by others.
21. Member Access
a. No Sharing
Members of Athleticulture may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Athleticulture as fraudulent use of the Website, which will result in the immediate cancellation of account without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
b. Fraudulent Use
Athleticulture reserves the right to cancel any account it believes has been compromised, or is being used fraudulently, at our own discretion.
c. Free Trial
Members may only use a promotional 10 day free trial period once. To access the free trial Members will be required to register with the Website. After the free trial period expires Members must subscribe to the Website. Athleticulture reserves the right to terminate any account that is using or trying to use more than 1 free trial period. If account is terminated due to a violation of this Agreement, Athleticulture will not reimburse Member for the remainder of paid month. Nor will reimbursements be made for account cancellations prior to monthly renewal date.
Accounts are billed monthly, or annually. All accounts are renewed automatically until cancelled. Members may cancel their accounts at any time. Accounts must be canceled prior to the renewal date in order to end account charges. One-year accounts are billed yearly. All accounts are renewed automatically until canceled. At times, special prepaid packages will be available for purchase. Special prepaid packages will be recurring and will renew automatically on the expiry date. Accounts must be canceled prior to the renewal date in order to end account charges.
e. Gift Certificates
Gift certificates will expire 12 months following the email delivery date unless otherwise stated on the gift certificate or by other notification. Gift certificates can not be redeemed for cash value.
Subscription fees and gift certificates are charged in USD currency. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider.
f. Returns and Refunds
Viewing video and audio material on the site requires broadband access. Please review the system requirements to ensure that membership practices can be accessed before purchase.
Full refunds for monthly and annual subscriptions and gift certificate purchases can be provided only within 30 days of purchase. No refunds will be made after 30 days of subscription or gift certificate purchases. To request a refund fill out the Contact Us form with your email and type REFUND in the space. You must also include the last 4 digits of the credit card that was used at time of purchase. Allow 4-6 weeks for credit to appear on your statement.
22. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Athleticulture, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Athleticulture MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
Athleticulture DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Athleticulture WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. Limitation on Liability
IN NO EVENT SHALL Athleticulture, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND LLCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Athleticulture SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
24. Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Athleticulture, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
26. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain additional terms will govern any purchases you make through the online stores located on our various Websites. These additional terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such additional terms.
27. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Athleticulture without restriction.
29. Integration Clause
30. Waiver and Severability of Terms
The failure of Athleticulture to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
31. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
32. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Athleticulture that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.
You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Athleticulture Website shall be deemed a passive website that does not give rise to personal jurisdiction over Athleticulture, either specific or general, in jurisdictions other than California.
33. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Athleticulture reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
Athleticulture is very sensitive to privacy issues regarding children and complies with Children’s Online Privacy Protection Act. The Athleticulture Web site offers many features that do not require a child to provide any personal information. Athleticulture collects only limited personal information from children under the age of 13 (such as their e-mail addresses) to respond to their online requests, or for the purpose of billing through parents, for example. The information is promptly deleted from our system once the communication with the child has taken place. Athleticulture will not collect more detailed information from a child under the age of 13, such as a street address or telephone number, without the express consent of a parent or legal guardian. At times we may ask a child to provide an e-mail address of a parent or legal guardian so we can notify the parent of the child’s participation in certain Athleticulture features, or to seek parental consent for the child to provide personal information to Athleticulture.
Personal information collected from children with parental consent is used solely by Athleticulture or other entities that provide technical or other services to Athleticulture. For example, such entities may provide services, such as updating our Web site. Personal information collected from children with parental consent is not shared with, sold, or transferred to third parties other than those entities.
Athleticulture may offer features or programs that will require parents to provide credit card information as a method of verification of parental consent when children provide personal identifying information, or participate in such features or programs.
Athleticulture will not condition a child’s participation in an activity or site feature on the child’s disclosure of more personal information than is reasonably necessary to participate in an online activity.
Parents or guardians of children under the age of 13 who provide personal information to Athleticulture can correct, update and delete personal information from our database at any time by sending an e-mail to Info@Athleticulture.com or by visiting the Web site and editing your account in the “my Account” sections of the site.
Note to Parents
Please note that, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at web sites such as Consumer Search: http://www.consumersearch.com/www/software/parental-control-software/review.html..
For more information please see the Childrens Online Protection Privacy Act and/or visit: http://onguardonline.gov/articles/0031-kids-privacy.