Terms Of Use

Commercial license –  Terms and Conditions of Use – Application and Web Site of Fitubes.com and/or EXHIIT.

 

  • General:

 

      1. Fitubes.com and\or any entity on their behalf (hereinafter: “Fitubes.com and/or EXHIIT”) is the operator of the Fitubes and/or EXHIIT application (hereinafter: “The Application”) and of the designated Web site concerning High-Intensity Fitness Training, in relation with lifestyle\health\nutrition etc.
      2. This license (hereinafter: “the license“) is an addition to the general terms and conditions of use (hereinafter: “Conditions of Use”) and will apply in the necessary changes to users who will purchase the license, as stipulated in the Application.
      3. Nothing stipulated or not stipulated in this license, to derogate or change anything said in the conditions of use and this license is only to expend them.   
      4. Any reference in this license to the Application should be read as referring to the Web site as well, mutatis mutandis, even if not specifically indicated so.
      5. Fitubes.com and/or EXHIIT reserves the right to change \ add \ omit the specific Conditions of Use of this license, from time to time, at their sole discretion and without the need to inform about this action beforehand (hereinafter: “Updated Terms” or “Updated License”). You agree, that the updated terms come into effect once posted on the Fitubes.com and/or EXHIIT Web site, under the tab “Conditions of Use”.
      6. The wording in single or plural is only for the purpose of convenience, and all conditions apply to all users of the application, female or male, single or plural, equally.  
    1. The License and its scope:

      1. This license can be purchased and/or used only for personal use (Non-COMMERCIAL).
      2. Uploading filmed fitness programs and/or filmed fitness, nutritious, General wellness videos and cet’ would be uploaded by certified professionals or those who practice the field of fitness or health or lifestyle.
      3. By purchasing and/or using this license you declare that you have the necessary qualifications and certificates to be a Fitubes.com broadcaster and you have the needed knowledge and skills to train others whether single or in groups whether in general or HIIT trainings.
      4. It is stipulated here, that Fitubes.com and/or EXHIIT or anyone on their behalf, shall bare no responsibility whatsoever to certify or qualify the trainer and the user has the sole responsibility to have the right training and qualifications.    
      5. The downloading of the application to supporting devices is without cost, as is the basic use of the Website, all as described in the Website and/or Application and under these conditions.
      6. The use of this license shall be renewed as part of a service fee (hereinafter: “License Service”):
        1. This license is limited for personal use alone and it does not allow to make any use of the music accompanying the trainings outside of the training itself.

 

  • Consent to the Condition of Use of the Application

 

        1. Upon purchasing and/or using this license, you will be requested to agree to these terms and conditions of use as well as to the general ones.
        2. If you do not agree to these terms or conditions, in whole or in part, you are prohibited from using the Application or Web site.
        3. Fitubes.com and/or EXHIIT reserves the right to terminate any user’s access to the services given through the Application or Website, without notice, at any time, and without liability to the user, shall the user not comply with any of these conditions or terms of use.
        4. In addition to the stated, the use of the Application and \ or Website constitutes your agreement to:
          1. Not impersonate any person or entity, including a representative \ employee \ manager of Fitubes.com and/or EXHIIT, and \ or introduce yourself in a distorted of false manner that may imply of a relationship between you and a person or entity.
          2. Not upload, submit or post any false or distorted material, including such that is intended to mislead any person or entity.
          3. Not stalk and\or harass any person or entity in any way/
        5. Whilst using the Application or Website you will be requested to provide information, including (but not only) your full name, your email address, your home address and phone number, and also additional personal information such as height \ weight \ nutritional habits etc.
        6. Also, you will be requested to choose a personal account name and password, which will allow Fitubes.com and/or EXHIIT identify you and enable your use of the Application and Web site.
        7. It is the user’s sole responsibility to ensure the secrecy of the password and the user agrees and commits to inform Fitubes.com and/or EXHIIT immediately about any unauthorized use done with the password and any other breach of secrecy and\or privacy.
        8. Your account name and password are individual and private and you are prohibited to pass them to any person.
        9. It should be clarified, the Fitubes.com and/or EXHIIT shall not refund in any case in which any other person and \ or entity shall use an account name or password not belonging to them.
        10. You commit to providing real, accurate, full and correct information regarding yourself, as requested by the Application and \ or Web site.
        11. Fitubes.com and/or EXHIIT reserves the right to suspend or terminate or refuse to provide the service given in any case of providing information that is not true, current, complete or correct at the time of registration or after that date, or if Fitubes.com and/or EXHIIT has reasonable grounds to believe that such information has been provided, with or without prior notice.
        12. Fitubes.com and/or EXHIIT Reserves the right to suspend and/or erase any unprofessional/misleading/unlawful/destructive/ offensive and hurtful material. All in what Fitubes.com and/or EXHIIT sees as such.

 

  • Limited Liability of Fitubes.com and/or EXHIIT or any entity on Fitubes.com and/or EXHIIT Behalf

 

        1. Fitubes.com and/or EXHIIT does not promise that the services given via the Application and \ or Website will not be disturbed, or stopped at times, that the services will be given in a safe manner and without mistakes, and will be resistant to unauthorized access to Fitubes.com and/or EXHIIT’s computers or damages, malfunctions or failures – in hardware, software, communication lines and systems, at Fitubes.com and/or EXHIIT or any of its suppliers.
        2. Fitubes.com and/or EXHIIT reserves the right to close the Application and change the format \ build \ display \ accessibility of the services given in the Application, and the content displayed in the Application against payment or without payment, without needing to notify of such action in advance. It should be clarified, that the user may not have any claim or demand against Fitubes.com and/or EXHIIT in any case in which Fitubes.com and/or EXHIIT chooses to do as described above.
        3. Unless stated specifically otherwise, every new feature in the Application that changes \ upgrades \ displays differently the services given is subject to these Terms and Conditions of Use.
        4. Fitubes.com and/or EXHIIT shall have no responsibility whatsoever to the safety of the trainers. The sole responsibility will be on the user.

 

  • Propriety Rights

 

  • All pages on the Application, including the data and the information they contain, are the exclusive property of Fitubes.com and/or EXHIIT and no entity may see the information and the services the Application provides as giving any license or any rights to the intellectual property of Fitubes.com and/or EXHIIT or third parties. Do not copy or publish the Application pages in whole or in part, and/or make use of them or of the information the pages contain, including commercial use, without the explicit prior written consent of Fitubes.com and/or EXHIIT. Copyright underlying the concept of the Application, including the Application design, trademarks and any other action exclusive to the Fitubes.com and/or EXHIIT Application, are reserved for Fitubes.com and/or EXHIIT. In addition, it is prohibited to make changes to the Application and \ or copy, distribute, transmit, publicly display, reproduce, publish or disclose to third parties any part of the Application without the prior written consent of the Application operator.
  • Safety and Limited Liability
  • As explained above, Fitubes.com and/or EXHIIT operates an Application and Website in which you can perform, among other things, high-intensity fitness training.
  • Accordingly, you must consult with a physician before training. By using the Application you declare that there is no health impediment or otherwise for you to take part in the training.
  • Fitubes.com and/or EXHIIT and \ or any party on its behalf will not be responsible for any harm or damages which might be caused to you or others in result of the use of the Application and \ or Web site and \ or the Fitubes.com and/or EXHIIT training or workout.

 

 

        1. The Application and \ or Website may provide additional services, including nutritional and \ or lifestyle advice or tips. These additional information \ tips \ advice \ services are not to be seen or perceived as substitutes or recommendations given by chosen professionals in those areas (including nutritionists or dietitians), although the information \ tips \ advice \ services are given by professionals as part of the services given in the Application and \ Web site, for the benefit of the users, whether against payment whether without payment.
        2. Accordingly, all users of the Application are required to seek advice and professional guidance by a professional of his choice.
        3. As you know, it is recommended the workouts and training be done in a safe environment, enabling a safe and good workout for the benefit, safety, and enjoyment of the Application user and those in his company.
        4. The filmed workouts and training are for the sake of example only, thus including the environment in which the training and workouts take place, the props used herein, the training duration and/or intensity and/or expected results.
        5. Accordingly, Fitubes.com and/or EXHIIT does not promise or commit to a specific outcome as a result of the training or workouts and you will have no claim or demand in this matter.

 

  • Miscellaneous

 

      1. These Terms and Conditions of Use are in addition to all other terms and conditions displayed on the Applications and \ or Website and in any case of discrepancy, these Terms and Conditions shall prevail.
      2. It is understood that the provisions in these terms and conditions complement each other, and wherever there is a conflict between what conditions, they should be read together and in a way that will guarantee the underlying of these terms and that will not harm Fitubes.com and/or EXHIIT in any way.
      3. These terms of use apply exclusively to the laws of the State of Israel. You and Fitubes.com and/or EXHIIT agree that exclusive jurisdiction in any matter relating to this agreement and the use of the Application will be given to the courts located in the Tel Aviv district, Israel.
      4. It is your responsibility as a recipient of services who is a resident or citizen of a foreign country to check if the services and Terms and Conditions of Use are compatible with the laws and regulations of the foreign country. Fitubes.com and/or EXHIIT has no ability to adjust the service and Terms and Conditions of Use so that these will be in accordance with the laws of every country in the world. Therefore, it is clarified that you alone will bear responsibility for any violation of the law of a foreign country if any such violation should occur as a result of using the service.

You consent and agree to compensate, Indemnify and hold harmless Fitubes.com and/or EXHIIT, their employees, representatives, managers and any person or entity on their behalf in any case in which you violate these Terms and Conditions if Use or in case you use the Application in violation of any law or in any case a claim is filed against Fitubes.com and/or EXHIIT by any third party due to the action that you have made in contradiction to these Terms and Conditions of Use.

X