PK Fitness:
Terms of Use

Revision 1.1

Published October 1, 2015

Terms Of Use

By accessing or using this website, mobile application or other PK Fitness product or service (collectively, the “Application”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of PK Fitness. PK Fitness may change these Terms of Use at any time without notice, effective upon its posting to the Application. Your continued use of the Application shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Application.

Physical Activity Notice

PK Fitness includes features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. PK Fitness is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Application. Please note that the information, exercise/training programs and/or guides in PK Fitness cannot replace the services of health professionals, physicians or medical equipment.

Intellectual Property

All intellectual property on the Application is owned by PK Fitness or its licensors, which includes materials protected by trade secret, copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by PK Fitness. All content on the Application is a collective work under the United States and other copyright laws and is the proprietary property of PK Fitness; all rights reserved. PK Fitness reserves the rights to all non user identifiable workout data collected.

User Generated Content

“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Application users post or otherwise make available on or through the Application, except to the extent the content is owned by PK Fitness.

Use Restrictions

You agree not to change or delete any ownership notices from materials downloaded or printed from the Application. You agree not to modify, copy, translate, reverse engineer, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or content appearing on the Application, unless it is your own User Generated Content that you legally post on the Application. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Username/Password Safeguards

You are responsible for any actions that take place while using your PK Fitness account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Application. PK Fitness is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

Registration and Eligibility

To become a member of the PK Fitness Application, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Application. This Application is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms Of Use for anyone under 13 to register for the Application. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

Posting Rules and Guidelines

The following are rules and guidelines governing content that is added by users to the PK Fitness platform. This may include, but not limited to, titles, descriptions, images, workouts, comments, likes and any other input from a user on the Application.

  1. You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Application. Do not take any action or post anything that may expose PK Fitness or its users to any harm or liability of any type.
  2. Stay on topic and post only constructive comments and questions. Unless the Application feature asks for it, don’t talk about policies, future products, speculations or rumors about PK Fitness and PK Fitness products, or anything else off topic.
  3. Be kind. Insults and vulgarity are prohibited. Do not post User Generated Content or a link to a website that, in PK Fitness’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not stalk, intimidate, abuse, harm or harass another Application user or person.
  4. Do not post personal information. Do not collect or solicit personal information from other Application users or send unsolicited emails or other communications. Do not collect, use or post on the Application the private information of anyone else without their consent or for illegal purposes.
  5. Do not post any User Generated Content that involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming.
  6. Do not impersonate any person or entity. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register a PK Fitness account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
  7. You promise that you control or own all rights in any User Generated Content that you post on the Application. You promise not to post or share User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content. You grant PK Fitness all of the license rights granted in these Terms of Use. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights.
  8. Do not post any User Generated Content, take any action or use the Application in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Application designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Application. Do not post User Generated Content that contains software viruses, programs or other computer tcode. Do not circumvent or modify any Application security technology or software.

Content is Not Pre-Screened

PK Fitness does not prescreen User Generated Content. PK Fitness does not guarantee the Application will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. PK Fitness is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Application. Even in the event PK Fitness chooses to monitor any User Generated Content, PK Fitness assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. PK Fitness reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to PK Fitness a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

Links

The Application may contain links to websites, applications or other products or services operated by other companies (“Third Party Applications”). PK Fitness does not endorse, monitor or have any control over these Third Party Applications, which have separate Terms of Use and Privacy Policies. PK Fitness is not responsible for the content or policies of Third Party Applications and you access such Third Party Applications at your own risk.

Mobile Services

The Application contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using PK Fitness’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

Indemnification

You agree to indemnify, defend, and hold harmless PK Fitness, Inc, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of content, your use of the Application, your conduct in connection with the Application or with other Application users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Application.

User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. PK Fitness is not responsible or liable for any loss or damage resulting from any interaction with other Application users, persons you meet through the Application, or persons who find you because of information posted on, by or through the Application. You agree to take reasonable precautions in all interactions with other users on the Application, and conduct any necessary investigation before meeting another person. PK Fitness is under no obligation to become involved with any user dispute, but may do so at its own discretion.

Disclaimer

PK Fitness is not responsible or liable for any User Generated Content or other Content posted on the Application or for any offensive, unlawful or objectionable content you may encounter on or through the Application. The Application, User Generated Content, and the materials and products on this Application are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, PK Fitness disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. PK Fitness cannot guarantee and does not promise any specific results from use of the Application. PK Fitness does not represent or warrant that the Application will be uninterrupted or error-free, that any defects will be corrected, or that this Application or the server that makes the Application available are free of viruses or anything else harmful. To the fullest extent permitted by law, PK Fitness does not make any warranties or representations regarding the use of the materials or content in the Application in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Application, loss of data or other harm of any kind that may result. PK Fitness reserves the right to change any and all content and other items used or contained in the Application at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation Of Liability

PK Fitness shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits of for business interruption arising out of your access, use or inability to use this site, or any errors or omissions in the content, even if PK Fitness has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of certain limitations of liability, so the above limitation or exclusion may not apply to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

PK Fitness reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Application for any or no reason, without notice, and without liability to you or anyone else. PK Fitness also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Application. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Application, or on other applications (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Application or on other applications even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, sever-ability and terms that by their nature may survive termination shall survive any termination.