FitWorld Terms of Service Last Updated: Feb 1, 2022 PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. FitWorld GmbH (together with our affiliates, “FitWorld”, “we”, or “us”) provides an online fitness community and related products, services, content and features through FitWorld websites, such as those for our studio, support, boutique, and local country pages (the “FitWorld Site(s)”), the interfaces on tablets connected to FitWorld fitness equipment (such as the FitWorld Bike and Tread), FitWorld’s fitness studios, and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and FitWorld-controlled social media pages (including on Facebook, Instagram, Spotify, Twitter and WeChat). To make these Terms easier to read, the FitWorld Sites and Apps, along with the FitWorld tablet and studio interfaces and FitWorld-controlled social media pages are collectively called the “FitWorld Service” or “the Services”. By registering as a member or by visiting, browsing, or using the FitWorld Service in any way and have your usual residence in the United Kingdom, you (as a “user”) accept and agree to be bound by these UK Terms of Service (“Terms”), which forms a binding agreement between you and FitWorld. If you do not wish to be bound by these Terms, you may not access or use the FitWorld Service. Certain elements of the FitWorld Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the FitWorld Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. 1. Who May Use the FitWorld Service Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a FitWorld membership subscription and become a Membership Holder (as defined in the Membership Terms). Individuals 14 years of age and older may participate in FitWorld Tread classes, provided that such individuals: 1. Have been cleared to participate by a family physician; 2. Have permission to participate from a parent or legal guardian who will provide supervision; 3. Abide by all Safety Precautions and instructions in the applicable user manual; and 4. Rest, hydrate and modify as needed. We may, in our sole discretion, refuse to offer the FitWorld Service to any person or entity and change the eligibility criteria at any time. Further, the FitWorld Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party. 2. License to Use the FitWorld Service License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the FitWorld Service, FitWorld grants you a limited, non-transferable, non- exclusive, revocable right and license to access and use the FitWorld Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the FitWorld Service and the right to download one copy of the application to any single device for your personal, non- commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the FitWorld Intellectual Property and DMCA Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or FitWorld. Restrictions. Except as expressly permitted in writing by an authorized representative of FitWorld, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the FitWorld Service, nor will you take any measures to interfere with or damage the FitWorld Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the FitWorld Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by FitWorld in these Terms are reserved. 3. Privacy Please review the Privacy Policy to learn about: ● What information we may collect about you; ● What we use that information for; and ● With whom we share that information. 4. Membership Requirements Registration To enjoy full access to the FitWorld Service, you must register as a member of the FitWorld Service and enter into a subscription agreement for access to our live and on-demand classes, Content and features (a “Subscription”). Your Subscription is also governed by the Membership Terms. You must provide complete and accurate registration information to FitWorld, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription. In-Studio Classes and Membership. Participation in our in-studio live classes is subject to additional fees that are separate from the Subscription fees for FitWorld’s online Content. You must have an account registered on our studio website in order to sign up for in-studio classes and/or purchase studio memberships, but you are not required to have a Subscription. Additional information about our in-studio class packs and memberships is available on our studio website. Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in FitWorld’s sole discretion). Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the FitWorld Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately. 5. Membership Structure and Fees FitWorld will provide information on its then-current in-studio membership and Subscription requirements on the FitWorld Site and/or by other means through the FitWorld Service. Features and prices are subject to change. 6. Sale of Products FitWorld accepts orders for the FitWorld equipment, apparel or accessories that we may offer through the FitWorld Site or at FitWorld retail showrooms. Unfortunately, availability of products cannot be guaranteed. FitWorld is under a legal duty to supply goods that are in conformity with the contract of sale. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the FitWorld Site or to your email address after your payment has been processed. 7. Termination; Account Deletion Term. These Terms begin on the date you first use the FitWorld Service and continue as long as you have an account with us and/or continue to use the FitWorld Service. Termination. FitWorld may, in FitWorld’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, if FitWorld determines that you have violated any applicable law, these Terms or that your conduct or User Content would tend to damage FitWorld’s reputation or goodwill. If FitWorld deletes your account, you may not re-register for or use the FitWorld Service under any other user name or profile. FitWorld may block your access to the FitWorld Service to prevent re-registration. Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by FitWorld will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and FitWorld is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the FitWorld Service. FitWorld, in its sole discretion, may make available a very limited amount of Content or features to non- subscribers from time to time, and any use of that Content is governed by these Terms. 8. User Content “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the FitWorld Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the FitWorld Service. Content includes, without limitation, User Content. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that: (i) all Content provided by FitWorld at no extra charge; and (ii) all User Content, which is accessed by you using the FitWorld Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the FitWorld Service. As between you and FitWorld, you represent that you own (or have all rights necessary to grant FitWorld the rights below to) all User Content that you submit to the FitWorld Service, and that FitWorld will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant FitWorld a worldwide, perpetual, irrevocable, non- exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the FitWorld Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to FitWorld or through the FitWorld Service about improving or adding new features or products to the FitWorld Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to FitWorld a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the FitWorld Service. Other than any obligations we have to remove or delete User Content under applicable law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. 9. Rights and Terms for Apps Rights in App Granted. Subject to your compliance with these Terms, FitWorld grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: 1. copy, modify or create derivative works based on the App; 2. distribute, transfer, sublicense, lease, lend or rent the App to any third party; 3. reverse engineer, decompile or disassemble the App; or 4. make the functionality of the App available to multiple users through any means. FitWorld reserves all rights in and to the App not expressly granted to you under these Terms. Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that: ● These Terms are between you and FitWorld, and not with the App Provider, and FitWorld (not the App Provider), is solely responsible for the App. ● The App Provider has no obligation to furnish any maintenance and support services with respect to the App. ● In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price or the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of FitWorld. ● The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: 1. product liability claims; 2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and 3. claims arising under consumer protection or similar legislation. ● In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, FitWorld will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. ● The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof. ● You represent and warrant that you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances. ● You must also comply with all applicable third party terms of service when using the App. 10. General Prohibitions and FitWorld’s Enforcement Rights You agree not to do any of the following: 1. Post, upload, publish, submit or transmit any User Content or engage in any activity that: 1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 3. is fraudulent, false, misleading or deceptive; 4. is defamatory, obscene, pornographic, vulgar or offensive; 5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 6. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; 7. exploits minors or 8. promotes illegal or harmful activities or substances; 2. Download and/or install any third party software and/or application on any FitWorld hardware (excluding assistive technologies that are necessary for your own use of the FitWorld Service, such as screen-readers) that is not expressly permitted by FitWorld in writing; 3. Use, display, mirror or frame the FitWorld Service or any individual element within the FitWorld Service, FitWorld’s name, any FitWorld trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FitWorld’s express written consent; 4. Access, tamper with, or use non-public areas of the FitWorld Service, FitWorld’s computer systems, or the technical delivery systems of FitWorld’s providers; 5. Attempt to probe, scan or test the vulnerability of any FitWorld system or network or breach any security or authentication measures; 6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FitWorld or any of FitWorld’s providers or any other third party (including another user) to protect the FitWorld Service or Content; 7. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the FitWorld Service; 8. Attempt to access, scrape or search the FitWorld Service or Content or download Content from the FitWorld Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by FitWorld or other generally available third-party web browsers; 9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; 10. Use any meta tags or other hidden text or metadata utilizing a FitWorld trademark, logo URL or product name without FitWorld’s express written consent; 11. Use the FitWorld Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by FitWorld; 12. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the FitWorld Service or Content to send altered, deceptive or false source-identifying information; 13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the FitWorld Service or Content; 14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the FitWorld Service; 15. Collect or store any personally identifiable information from the FitWorld Service from other users of the FitWorld Service without their express permission; 16. Copy, use, index, disclose or distribute any information or data obtained from the FitWorld Service, whether directly or through third parties (such as search engines), without FitWorld’s express written consent; 17. Alter, replicate, store, distribute or create derivatives from the Content available via the FitWorld Service except as expressly permitted in writing by FitWorld; 18. Impersonate or misrepresent your affiliation with any person or entity; 19. Access, use or exploit the FitWorld Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with FitWorld or the FitWorld Service; 20. Violate any applicable law or regulation; or 21. Encourage or enable any other individual to do any of the foregoing. You also agree to abide by the FitWorld Community Guidelines and Moderation Policy. Although we’re not obligated to monitor access to or use of the FitWorld Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the FitWorld Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the FitWorld Service and FitWorld’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the FitWorld Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 11. Member Interactions, Dealings with Third Parties When interacting with other FitWorld members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the FitWorld Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that FitWorld is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes at any of our studios, please be advised that FitWorld is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio’s employees and representatives. 12. Third Party Software and Applications Downloading and/or installing any third party software and/or applications that are not expressly authorized by FitWorld on any FitWorld hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by FitWorld. 13. Third Party Links and Content There may be links on the FitWorld Service that let you leave the particular FitWorld Service you are accessing in order to access a linked site that is operated by a third party. FitWorld neither controls nor endorses these sites, nor has FitWorld reviewed or approved the content that appears on them. FitWorld is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that FitWorld is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites. 14. No Warranties FitWorld reserves the right to modify the FitWorld Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the FitWorld Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the FitWorld Service. FitWorld has no obligation to screen or monitor any Content and does not guarantee that any Content available on the FitWorld Service is suitable for all users or that it will continue to be available for any length of time. FitWorld provides the FitWorld Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the FitWorld Service at your own risk. FitWorld expressly disclaims all warranties, conditions, statutory rights and implied terms that it is able to exclude under applicable law. Without limiting the foregoing, FitWorld makes no representations or warranties: ● That the FitWorld Service is or will be permitted in your jurisdiction; ● That the FitWorld Service will be uninterrupted or error-free; ● Concerning any Content, including User Content; ● Concerning any third party’s use of User Content that you submit; ● That the FitWorld Service will meet your personal or professional needs; ● That FitWorld will continue to support any particular feature of the FitWorld Service; or ● Concerning sites and resources outside of the FitWorld Service, even if linked to from the FitWorld Service. To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. 15. Limitation of Liability Nothing in these Terms is intended to exclude or limit FitWorld's liability for death or personal injury caused by our negligence, for fraudulent misrepresentations or for any other liability that cannot be excluded or limited by applicable laws. Subject to the above, and to the fullest extent permitted by law: 1. FitWorld shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the FitWorld Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and 2. FitWorld’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to FitWorld over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of FitWorld’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between FitWorld and you. 16. Safety Warnings THE FITWORLD SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE FITWORLD SITE OR HEARD ON THE FITWORLD SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE FITWORLD SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. NOTHING STATED OR POSTED ON THE FITWORLD SITE OR AVAILABLE THROUGH ANY FITWORLD SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE FITWORLD SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, FITWORLD MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE FITWORLD SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. In becoming a user of FitWorld with the intent of using the FitWorld Service, you affirm that either (A) all of the following statements are true: 1. no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; 2. you have never felt chest pain when engaging in physical activity; 3. you have not experienced chest pain when not engaged in physical activity at any time within the past month; 4. you have never lost your balance because of dizziness and you have never lost consciousness; 5. you do not have a bone or joint problem that could be made worse by a change in your physical activity; 6. your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; 7. you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and 8. you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the FitWorld Service. If applicable, you further affirm that 1. you are not pregnant, breastfeeding or lactating; unless 2. your physician or general practitioner has been specifically consulted and approved your use of the FitWorld Service. FitWorld reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect. 18. Intellectual Property Acknowledgment You acknowledge and agree that your use of the FitWorld Services and any Content contained therein is dependent upon you agreeing to and abiding by the FitWorld Intellectual Property and DMCA Policy at all times. You further acknowledge that the FitWorld Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All FitWorld-generated content, and content provided to FitWorld by its partners and licensors, is copyrighted individually and/or as a collective work under the EU copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and FitWorld, FitWorld own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the FitWorld Service. 19. Intellectual Property Usage and Reporting Infringement FitWorld respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the FitWorld Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the FitWorld Intellectual Property and DMCA Policy for directions on how to report it to us. 20. Contracting Entities, Governing Law and Jurisdiction If your contract for the FitWorld Service is with FitWorld GmbH, these Terms shall be governed by the laws of Switzerland, without regard to principles of conflicts of law. If your contract for the FitWorld Service is with another FitWorld entity, these terms shall be governed by the laws of the jurisdiction under which that FitWorld entity is incorporated, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Subject to the agreements in Section 20 above, 1. if your contract for the FitWorld Service is with FitWorld GmbH, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Zurich, Switzerland, and you consent to the jurisdiction of those courts, and 2. if your contract for the FitWorld Service is with another FitWorld entity, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the courts located in the jurisdiction under which that FitWorld entity is incorporated, and you consent to the jurisdiction of those courts. 21. Interpretation; Severability; Waiver; Remedies Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. The failure to exercise or delay in exercising a right or remedy provided to a party under these Terms shall not constitute a waiver of that right or remedy, and no waiver by a party of any breach of these Terms shall constitute a waiver of any subsequent breach of the same or any other provision. Each right or remedy of a party under these Terms is without prejudice to any other right or remedy of that party under these Terms or at law. FitWorld’s rights and remedies hereunder are cumulative and not exclusive. 22. Successors; Assignment; No Third Party Beneficiaries These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without FitWorld’s prior written consent. FitWorld may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you. 23. Notices You consent to receive all communications including notices, agreements, disclosures, or other information from FitWorld electronically. FitWorld may communicate by email or by posting to the FitWorld Service. 24. Modification We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the FitWorld Site and/or through the FitWorld Service. Modifications will be effective on the date that they are posted to the FitWorld Site. It’s important that you review the Terms whenever we update them before you use the FitWorld Service. If you continue to use the FitWorld Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the FitWorld Service anymore. Because the FitWorld Service is evolving over time we may change or discontinue all or any part of the FitWorld Service, at any time and without notice, at our sole discretion. 25. Entire Agreement These Terms incorporate the legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the FitWorld Site from time to time. In the event of a conflict between any policies posted on the FitWorld Service and these Terms, these Terms will control. These Terms represents the entire understanding between FitWorld and you regarding the FitWorld Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 26. Force Majeure Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.