PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
BY USING THIS WEB SITE, AS A PARENT/GUARDIN YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WEBSITE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOUR CHILD IS AT LEAST 5 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE. IF YOUR CHILD IS 5 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR GUARDIAN. PLEASE NOTE THAT YOUR ACCOUNT REGISTRATION WILL NOT BE COMPLETE UNTIL WE CONTACT YOUR PARENT OR GUARDIAN AND THEY AUTHORIZE YOUR ACCOUNT.
THE COMPLETE TERMS AND CONIDTIONS OF THIS WEBSITE CAN BE REVIEWED BY CLICKING ON THE "TERMS AND CONDITIONS" BUTTON BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE. BY CLICKING NEXT, YOU ARE ACKNOWLEDGING THAT YOU HAVE REVIEWED THE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO.
Welcome to JOJOFIT.com® and its related sites (the "Site"), provided by March Brothers Entertainment. These Terms and Conditions and any amendments thereto (the "Terms") govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site. By using the site and/or registering on the site you agree and accept these Terms and all additional rules, policies, and disclaimers applicable to your use.
CONTENT, COPYRIGHT AND TRADEMARK NOTICE
All Site software, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of JOJOFIT.COM, March Brothers Entertainment, and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners (referred collectively herein as "JoJoFit Online") and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. JoJoFit Online hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of JoJoFit Online. Use of JoJoFit Online and/or its licensors' Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
REGISTRATION; CUSTOMER ACCOUNTS; USE OF SITE
Certain services offered on or through the Site require you to first register and create an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify JoJoFit Online immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by JoJoFit Online or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated. You also agree that JoJoFit Online may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) violations of these Terms and Conditions, (3) suspected or actual copyright infringement, or (3) requests by parent, legal guardian, law enforcement or other government agencies. You agree that JoJoFit Online will not be liable to you or to any third party for termination of your access to the Site.
CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION.
As more fully described in our Privacy Policy, you must disclose certain personal information to use the Site. As a condition of registering with the Site, you represent that you have first read our Privacy Policy and consent to the collection to be bound by the Privacy Policy.
While JoJoFit Online takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL JOJOFIT ONLINE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER JOJOFIT ONLINE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
MESSAGE BOARDS, "WRITE TO US," "POSTINGS"
To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the "Postings"), please be advised that Postings do not necessarily reflect the views of JoJoFit Online. In no event shall JoJoFit Online assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site.
By submitting a Posting, you authorize JoJoFit Online to use, and authorize others to use, such Postings in whole or in part, throughout the universe in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant JoJoFit Online permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity.
You hereby authorize JoJoFit Online to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, JoJoFit Online will have the right to use and change the Postings in any manner that JoJoFit Online may determine. Additionally, JoJoFit Online may sweep its message boards periodically in its sole discretion.
JoJoFit Online does not allow, and you agree not to provide, any Postings that contain:
- Private or personal information that might identify a user
- Profanity or obscenities
- Personal attacks on other individuals
- Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
- Other information that JoJoFit Online deems in its sole discretion to be inappropriate for this Site.
By submitting a Posting, you agree to defend, indemnify and hold JoJoFit Online, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the Terms, please go to the bottom and click contact us and send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
COPYRIGHT COMPLIANCE POLICY
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you would like to provide JoJoFit Online with notice of alleged copyright infringement, please [click here-insert contact email form pop up] to send us a message about it. We cannot guarantee that we will respond to your message and we will take whatever action is necessary to prevent such unlawful use of the sit or terminate any account user's privileges for violating copyright rules set forth in these Terms or as applicable under the law.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JoJoFit Online encourages all users to consult with a physician before starting any exercise program or participating in any physical activity set forth in connection with the use of the Site. JoJoFit Online is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Site or with respect to the information and material contained on the Site. JoJoFit Online is not liable for any physical damages or injuries caused by your participation in activities on the Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material and as to your participation rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOJOFIT ONLINE, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY JOJOFIT ONLINE OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall JoJoFit Online's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
INDEMNIFICATIONYou agree to indemnify and hold harmless JoJoFit Online, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
The terms of this section survive any termination of the Terms.
TERMINATION
Notwithstanding any of these Terms, JoJoFit Online reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that JoJoFit Online shall not be liable for any termination of your use of or access to the Site.
SEVERABILITY
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms.
LANGUAGE
It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Southern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.
The terms of this section survive any termination of the Terms.
GENERAL
The Terms constitute the entire agreement between JoJoFit Online and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by JoJoFit Online to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and JoJoFit Online, and you do not have any authority to create any obligation or make any representation on JoJoFit Online's behalf. You may not assign this agreement, by operation of law or otherwise, without JoJoFit Online's written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and JoJoFit Online and their respective successors and assigns.
The terms of this section survive any termination of the Terms.
TERMS AND CONDITIONS LAST UPDATED ON JANUARY 2009 |
