Terms of Service
This is a legally binding contract between you and Fitness Games Zone. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback to dale@energetic.education if you have suggestions or questions.
1. Definitions
We’re going to use some shorthand to make this easier to read. When we say “site,” we mean fitnessgameszone.com and the services offered through that site (including fitnessgameszone.com and learningwith.games). When we say “we,” “us,” or “our,” we mean Sidebottom Corp Pty Ltd (“Fitness Games Zone”). When we say “your content,” we mean any text, sound, graphics or other material which you post, upload, or otherwise share on the site; similarly, when we say “Editorially content,” we mean the copyrightable text, sound, graphics, and other material owned by Editorially, Inc. And when we say “terms,” we mean these terms of service.
2. Accepting these terms
Please read these terms before using the site. If you do not agree to these terms, you may not register for the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to dale@energetic.education. If we do not hear from you within ten days, the revised terms will apply to you.
3. Privacy policy
This Terms of Service should be read with the Fitness Games Zone Privacy Policy (which can be found at the bottom of our website. By agreeing to these terms you are also agreeing to our privacy policy when you purchase a membership.
4. Permitted users
Fitness Games Zone is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at dale@energetic.education. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
5. Use of content in physical exercise
All games on fitnessgameszone.com, learningwith.games and it’s Services are to be scaled or modified to the abilities and limitations of your clients, restrictions and constraints of the location, climate and environmental conditions.
Group, Personal trainers, teachers and coaches who decide to use these programs accept all risks to themselves and their clients and waiver any liability from Fitness Games Zone.
6. Copyright and intellectual property
We own our stuff; you own yours.
You retain ownership of all content you post, upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or display your content other than to those you have authorized to view it, nor does it transfer the copyright to us. This license ends when you delete the material or your account.
In addition, the site provides features that allow you to share your content with others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
When you delete your account, any comments or content that you contributed to someone else’s documents will remain on the site, and will not be deleted.
All Fitness Games Zone content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
Our trademarks may not be used in connection with any product or service without our express written permission.
7. Fitness Games Zone Rules
Fitness Games Zone is designed to help trainers, teachers and coaches create better sessions. As such, we have some ground rules which you must adhere to when using the site. You agree not to do any of the following:
• Threaten other users with violence.
• Use hateful, abusive, harassing, libelous, or obscene language towards other users.
• Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
• Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
• Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
• Use the site to distribute viruses or other harmful, disruptive, or destructive files;
• Use or attempt to use another person’s account;
• Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
• Attempt to obtain unauthorized access to the site;
• Impersonate another person;
• Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
• Systematically harvest data from the site, or programmatically register accounts on the site.
You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the Australia; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
8. Cancelling your account
You can cancel your account at any time by sending an email to dale@energetic.education If you like, you may export your documents prior to cancelling your account. Upon cancelling your account, your files will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period.
9. Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
10. Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
Though we make a reasonable effort to maintain the resources of this website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. As noted above, by using this website you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on this website or any of its content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this site or its parent company in any way.
11. Indemnification
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
12. Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
13. General
These terms shall be governed by and construed in accordance with the laws of Australia, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Australia, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms were derived from editorially’s, which is available under a Creative Commons Sharealike license. You in turn are therefore allowed to copy it, adapt it, and repurpose it for your own use as permitted under the terms of that license. Just make sure to revise the language so that your policy reflects your actual practices.