1. GENERAL TERMS
2. YOUR SUBMISSIONS
The Site may include access to or use of blogs or other message/communication areas. All data, text, software, music, sound, photographs, graphics, video, or any other materials, whether publicly posted or privately transmitted to Kettlebell Fitness or the Site, shall be referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding such ownership, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable, world-wide license to Kettlebell Fitness to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. Kettlebell Fitness has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. Kettlebell Fitness shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms. Kettlebell Fitness may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Site users and the public.
3. SITE RULES
We ask you to follow these rules when using the Site: (a) do not upload to, distribute through or otherwise publish through the Site any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, illegal or otherwise objectionable; (b) do not post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment; (c)l use this Site only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Kettlebell Fitness for any purpose; (e) only submit Content for which you have the right to distribute; (f) do not violate or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, or publicity rights; and (g) do not distribute or otherwise publish any Content containing any solicitation of funds, advertising, or solicitation for goods or services.
4. THE SITE
The Site, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material contained on, or utilized in the provision of, the Site is the property of Kettlebell Fitness or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Kettlebell Fitness hereby grants you a limited, nonexclusive, non-transferable personal license to use the Site for informational purposes only. Except as authorized by Kettlebell Fitness in writing, you may not use, copy, distribute or create derivative works from, disclose, display, transmit, or post or any portion of the Site for any purpose. All rights not expressly granted herein are reserved to Kettlebell Fitness and/or its licensors.
To use certain features of the Site or participate in certain activities sponsored by Kettlebell Fitness, we might ask you to register as a user or participant. If so requested, each Site user must: (a) provide true, accurate, current and complete information (the “Registration Data”) and (b) promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If Kettlebell Fitness suspects that any Registration Data is untrue, inaccurate, not current or incomplete, Kettlebell Fitness may suspend or terminate all use of the Site by that user. A user may receive passwords and account designations upon completing Site registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
The Site is not intended for use by children. If you are under 13, you may not submit or post any information or material on the Site or otherwise provide such information to Kettlebell Fitness.
Kettlebell Fitness may terminate a user’s ability to use the Site in Kettlebell Fitness’s absolute discretion and for any reason. Kettlebell Fitness is likely to terminate your use of the Site for reasons that include, but are not limited to: (1) violation of these Terms; (2) abuse of Site resources or attempt to gain unauthorized entry to the Site; or (3) as required by law, regulation, court or governing agency order. Kettlebell Fitness’s termination of any user’s access to the Site may be effected without notice and, on such termination, Kettlebell Fitness may immediately bar any further access to the Site. Kettlebell Fitness shall not be liable to any user for any termination of that user’s access to the Site. In the event of termination, Kettlebell Fitness reserves the right to delete, or not delete a user’s Content at Kettlebell Fitness’s sole discretion.
The Site may provide links to other websites. Kettlebell Fitness exercises no control over such other websites and is not responsible or liable for the content, advertising, products or other materials on such websites. Your access and use of such linked websites is solely at your own risk.
8. DISCLAIMER; LIMITATIONS OF LIABILITY
EACH USER’S USE OF THE SITE IS AT HIS OR HER SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Kettlebell Fitness EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Kettlebell Fitness SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
All marks, names, and logos on the Site are the property of their respective owners. Your use of such trademarks, names and logos without prior written consent is strictly prohibited.
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Kettlebell Fitness to locate the material, including the full URL. (4) your name, address, telephone number, and email address. (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
To notify Kettlebell Fitness of claimed infringement under the Digital Millennium Copyright Act of 1998, please contact us via our contact form.
12. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and Kettlebell Fitness, superseding any prior agreements. These Terms shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. Each party shall submit to the exclusive jurisdiction of the courts located within the United States of America. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. If any provision of the Terms is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership or joint venture between Kettlebell Fitness and any user.