Among many other responsibilities, Playfit Inc. hosts a variety of websites including PlayfitGolf.com and other affiliated websites, and maintains a series of web-based software products specific to fitness.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. By using a website affiliated with Playfit Inc., you indicate your agreement to the following terms. If you do not agree to these terms of service, please discontinue your use of this website. We reserve the right, at our sole discretion, to modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Playfit Inc. website following the modification of these terms will imply your acceptance of those changes.
Use of Services and Public Communication
Websites affiliated by Playfit Inc. may contain e-mail services, forums and other facilities designed to enable you to communicate with others (collectively, the "Communications"). By participating in any Communications within a Playfit Inc. website, you agree not to:
defame, abuse, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
make any prejudiced, hateful or racially offensive statements;
advocate or discuss illegal activities with the intent to commit them;
post or distribute any material that infringes and/or violates any right of a third party or any law, including those protected by copyright;
post or distribute any vulgar, pornographic, obscene, or discourteous language or images;
advertise, buy from or sell to, or solicit others, unless the Communication service specifically allows such messages;
use Communications in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
post or distribute any software or other materials which contain a virus or other component that may be potentially harmful to the user or computer; or
post material or make statements considered inappropriate to the topic to be discussed.
Playfit Inc. has no obligation to monitor the Communications. However, we reserve the right to remove or edit user-submitted content from our websites at any time and for any reason.
By uploading materials to the Communications or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed anywhere. In addition, you warrant that all so-called moral rights in those materials have been waived.
While participating in Communications, never assume that people are who they claim to be, know what they claim to know, or are affiliated with whom they claim to be affiliated with. Information obtained in Communications may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.
Please keep in mind that whenever you give out personal information online, that information can be collected and used by people unknown to you. Although Playfit Inc. strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Links to Third Party Websites
Please exercise caution while browsing the Internet using any Playfit Inc. website. Be aware that although you are on a Playfit Inc. website, you could be directed to other sites at any time that are beyond our control. There may be links to other websites from Playfit Inc. web pages that take you completely outside of our service. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Playfit Inc. website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any Playfit Inc. website or third party content on our websites. We have not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
We reserve the right to disable links from third party sites to any Playfit Inc. website.
Proprietary Software Notice
The web-based software and accompanying books that are made available on our websites are the copyrighted and/or patented work of Playfit Inc. and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies such software.
Any reproduction or redistribution of the software or proprietary algorithms not in accordance with the license agreement and/or attempting to discover the source code of the software is expressly prohibited by law, and may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
The forgoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
Warranties and Disclaimers
This website and all products and services are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. In no event shall Playfit Inc. and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services. Playfit Inc. assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the website.
This website or any aspect of our company operations could include technical or other mistakes, inaccuracies, or typographical errors. Playfit Inc. may make changes to the content of this site, including the prices and descriptions of any products listed herein, at any time without notice. Some content of this website may be out of date, and Playfit Inc. makes no commitment to update such content. Playfit Inc. attempts to be as accurate as possible. However, Playfit Inc. does not warrant that content of this site is complete, reliable, or current.
Credit Cards
Playfit Inc. takes the subject of privacy seriously, including the security of your credit card information. For more information, please read our Privacy Policy.
Membership/Billing
If you become a member on any of our websites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.
If you have any reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the Playfit Inc. servers) you should notify Playfit Inc. immediately of the problem to avoid possible liability for any unauthorized charges to your account that may occur.
Indemnification
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Use Limitations
Unless otherwise specified, the website is made available for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, frame, rent, lease, loan, perform, reproduce, publish, assign, license, sublicense, reverse engineer, create derivative works from, transfer, or sell any information, software, products or services obtained from the website. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the website.
Restrictions on Use of Material
All site-specific materials, trademarks, service marks, and trade names contained in any Playfit Inc. websites are the copyrighted property of that site, or its subsidiaries or affiliated companies and/or third party licensors. All other materials, trademarks, service marks, and trade names are proprietary to Playfit Inc. or its affiliates. No material from any Playfit Inc. website or any Internet website owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials for your personal, non-commercial use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Playfit Inc. website. For purposes of these terms, the use of any such material on any other website or computer environment is prohibited.
Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all Playfit Inc. websites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to any and all Playfit Inc. websites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms.
