Please carefully read these terms and conditions, including our privacy policy, before using the website or Iconix Fitness–branded social media websites (in addition to any terms and conditions of such social media websites). By accessing or using the services, you (“User”) agree to be legally bound by these terms and conditions. If you disagree with any of the following terms or conditions, please do not use the services.
Iconix Fitness owns and operates the services. Iconix Fitness reserves the right to change any terms or conditions without notice, effective upon their posting. Iconix Fitness or its service providers, parents, affiliates, and business associates may impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability; Iconix Fitness may also terminate your use of the services at any time at its sole discretion.
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of Iconix Fitness or its subsidiaries, affiliates, licensors, and content providers.
The User is granted a personal, non-exclusive, non-assignable, and non-transferable license to use the Content for non-commercial and personal, informational use only.
The following acts are additionally prohibited without Iconix Fitness’s prior written approval: copying of the Services or the Content or any portion, variations, or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast, or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third-party application or website); and disassembling, decompiling, reverse engineering, or otherwise modifying the Content.
Iconix Fitness requests that the User not impede or inhibit any other User from using and enjoying the Services.
Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers, or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service, or system, or link to another site, without authorization from Iconix Fitness; or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail, or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
Iconix Fitness reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal, or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law.
Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
User expressly agrees that use of the Services is at the User’s sole risk. Neither Iconix Fitness, its parents, affiliates, employees, agents, service providers, third-party information providers, licensors or the like, warrant that the Services will be uninterrupted, secure, or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy, reliability, security, or content of any information or service contained in or provided through the Services.
The Services, all Content and information provided therein, and all downloadable software is provided on an “as is,” “as available” basis without warranties of any kind, and all such warranties, whether oral or written, express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose are hereby disclaimed and expressly negated. No oral advice or written information given by Iconix Fitness, any of its parents, affiliates, employees, agents, service providers, third-party information providers, licensors or the like, shall create a warranty; nor shall User rely on any such information or advice. User hereby acknowledges that Iconix Fitness is not responsible for any intercepted information sent via the internet, and User releases Iconix Fitness from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
Under no circumstances, including negligence, shall Iconix Fitness, its parents, affiliates, employees, agents, third-party information providers, service providers, licensors, or anyone else involved in creating, producing, or distributing the Services, be liable for any direct, indirect, incidental, exemplary, economic, punitive, lost profit, special, or consequential damages or for any damages that result from or are related to the use of or inability to use the Services; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, or destruction.
The User agrees to indemnify, defend, and hold harmless Iconix Fitness, its parents, affiliates, employees, agents, third-party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Services from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by the User.
Iconix Fitness reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with Iconix Fitness in asserting any available defenses.
The Services may contain links to other Internet sites, resources, and/or sponsors of the Services. Iconix Fitness does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness, or quality of the content contained in these outside sites or resources.
Providing links to outside sites does not constitute Iconix Fitness’s approval of the content, policies, or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites or resources after utilizing them.
In order to identify third-party sites or resources, the Services may make use of third-party trademarks, images, or branding.
Usage of these items does not imply endorsement or certification by the third party.
Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between Iconix Fitness and the third party or by usage guidelines and policies set forth by the third party.
You can choose to be removed from our web-generated marketing lists at any time. Each unsolicited commercial email includes instructions for opting out of further e-mail marketing communications.
If there are updates to the terms of Iconix Fitness’s online Privacy Policy, Iconix Fitness will post those changes and update the revision date on this document, so Users will always know what information we collect online, how we use it, and what choices you have.
For material changes to this Privacy Policy, Iconix Fitness will provide notification to the Users of the Services.
Iconix Fitness will not apply changes to how personally identifiable information is used or disclosed to information already collected absent consent, except as permitted by applicable law.
These Terms and Conditions of Use shall be governed by, construed, and enforced in accordance with the laws of the State of California and the federal laws of the United States of America.
These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with Iconix Fitness or its affiliates, parents, service providers, or business associates to the extent that those agreements govern issues other than your use of the Services.
Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions.
These Terms and Conditions may not be altered by action, inaction, or course of dealing between the parties.
These Terms and Conditions may only be altered by (a) prior written mutual agreement between Iconix Fitness and User; or (b) Iconix Fitness posting revisions on the Services.
Failure by Iconix Fitness to object to a User’s behavior, conduct, or action does not constitute a consent, ratification, or waiver of objection.
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