TERMS OF AND CONDITIONS OF THE APPLICATION Reebok is a brand owned by adidas International Trading BV, the entity that offers you this Reebok Fitness application and website: www.reebok.com/fitnesstrainer (the Application ) For these Terms, adidas International Trading BV will be referred to as Reebok, we, or us. Reebok allows you, the end user of the Application, to use the Application including any content (such as text, images, audiovisual content together the "Reebok Content") as further described in these terms and conditions (the "Terms"). The Application is offered subject to your acceptance of these Terms as well as any other applicable terms and policies that may be provided to and accepted by you in connection with the Application, such as the Reebok Privacy Policy. Please read these documents carefully before using the Application. SCOPE OF THE LICENSE Reebok hereby grants you a license that permits you to use the Application as further set out in these Terms. This license is non-exclusive and non-transferable and does not grant any rights to obtaining future updates or supplements of the Application. If updates or supplements of the Application are obtained, however, the use of such upgrades or updates is governed by these Terms unless other terms accompany the updates or supplements in which case those terms apply. USING THE SERVICES Minimum Age: The Application is not intended for those under the age of 18. If you are under the age of 14, you are not allowed to use the Application. If you are 14 or older, but under 18, then you must review and consent to these Terms with your parent or guardian before using the Application. Please do not use the Application without your parent s prior consent to these Terms. Health: The Application is not intended to be used as a substitute for medical advice, treatment, diagnosis, consultation, or recommendation for a particular course of action regarding your health. Before using the Application, we strongly recommend you to read our Disclaimer of Warranties and Medical Disclaimer below for more information about the limitations and any risks associated with this Application. Software: The correct functioning of this Application is subject to a number of factors that are generally out of the control of Reebok, such as the device you are using, your telecom- and data plan and networkand GPS reception. You acknowledge that such factors are a responsibility of third parties or yourself. The Application is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Application. YOUR ACCOUNT In order to access and use all of the features that this Application has to offer you need to register an account. When registering your account, you will provide accurate, current and complete information, and you will maintain and update your information, keep it accurate, current and complete. You acknowledge that if your registration data is untrue, inaccurate, not current or incomplete in any respect, Reebok may deny your registration or terminate this agreement and your use of the Application with immediate effect.
We ask for your birth date for the purposes of preventing children under the age of 7 from registering with Reebok. Any personal data provided by you is protected in accordance with our Reebok Privacy Policy http://www.reebok.co.uk/]. By entering this information, you are granting us permission to use your information in connection with the Application. You are fully responsible for all the activities that take place under your account, including the use of the Application by persons by other than yourself. You are responsible for keeping your username and password confidential and for any misuse or unauthorized access. You agree to notify Reebok when you discover that there has been an unauthorized use or misuse of your account. CONTENT AND INTELLECTUAL PROPERTY Reebok owns all rights to the Application and owns all necessary rights to use the Reebok Content. You agree that the Application and our Content contain proprietary information and material that is owned by Reebok or its Licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright. Reebok and its Licensors are the sole owners of the Application and the Reebok Content, including, but not limited to, all copyrights, trademarks, service marks, and other intellectual property rights. You agree that all right, title, and interest in the Application and the Reebok Content will remain the exclusive property of Reebok or its Licensors. We have no obligation to restore Reebok Content if it is damaged or lost. Nothing in these Terms gives you a right to reproduce or otherwise use the name or any of the trademarks, logos, domain names, and other distinctive brand features owned by Reebok or its affiliates or Licensors. You agree to not modify, rent, lease, loan, sell, distribute or create derivative works based on the Application or Content (either in whole or in part) unless you have been given specific, prior authorization in writing to do so by Reebok. Furthermore, you may not use, display, perform, adapt, translate, modify, create derivative works, publish, distribute, or broadcast any part of the Reebok Content and/or Application without the prior written permission of Reebok for any purpose, unless expressly permitted by these Terms. Our Application may allow you to submit your own User Content to us. You retain ownership of the User Content that is submitted by you and these Terms do not attempt to deprive you of those rights. By submitting your User Content to us, you grant Reebok a non-exclusive, unconditional, perpetual, irrevocable, transferable, worldwide license to use, display, perform, adapt, translate, modify, create derivative works, publish, distribute, or broadcast your User Content for purposes related to the Application. By submitting your User Content to us, you expressly represent and warrant to us that you are solely responsible for the accuracy and legitimacy of the User Content and that you have the right to license the User Content. If you do not have sufficient rights to license the User Content, you may not submit the User Content to us. Any User Content you submit, as well as any question, comments, suggestions, or complaints you submit about the Application or Reebok in general is entirely voluntary and we will be free to use the feedback as we see fit. YOUR RESPONSIBILITIES You are solely responsible and liable for your actions when using the Application. This includes your responsibility and liability for any Content you submit or share with other users. - 2 -
Notwithstanding the above, you understand and hereby agree that you may- and will not: Transmit any malicious code or other data which may bring harm to the Application or Reebok and/or User Content; Use a robot, spider, script, or any other manual- or automated means to extract, retrieve, reproduce, or circumvent the operation or intended use of the Application or Reebok and/or User Content; Use the Content in any way other than laid down in these Terms without Reebok s prior written permission or authorization; Use the Application for transmitting offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or unlawful User Content; Violate the privacy or publicity rights or infringe upon the intellectual property or other proprietary rights of third parties; Use the Application to make unsolicited offers or requests, advertisements, proposals, or any other business related use, or send spam to other users; Impersonate or pretend to be someone else, or allow someone to impersonate or pretend to be you; Otherwise use the Application or Reebok and/or User Content for any unlawful act or violation of applicable legislation. If you believe your rights are being violated or infringed upon or someone is not complying with the Terms or the Privacy Policy, please notify us immediately at fitnesstrainer@reebok.com. If you violate any term or condition in these Terms, we reserve all rights, including the right to terminate your access to the Application and hold you liable for such a violation. COPYRIGHT INFRINGEMENT If you believe that any Content or other materials appearing on the Application violate your copyright, or the copyrights of others, please notify our copyright agent at the contact information below. The notice must be in writing and must include the following information: (1) a description of the copyrighted work(s) you believe is being infringed upon; (2) a description of the material you believe is infringing or the subject of infringing activity and a description of where we can locate such materials; (3) your name and contact information (mailing address, telephone number, and/or e-mail address); (4) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner; (5) a statement that all of the information you have provided is accurate; and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner; and (6) your signature (physical or electronic). The notice must be sent to: Global Brand Marketing Communications, Digital, 1895 J.W. Foster Blvd, Canton, MA 02021, fitnesstrainer@reebok.com. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY In the light of the services being provided free of charge, we make no warranty that the Application will be error free, uninterrupted, that the results obtained from the Application will be accurate or reliable, that the quality of the Application will be satisfactory to you, or that errors and defects will be corrected. In connection to this App, Reebok shall not be liable for any claims, losses or damages, as long as the injury or damage was not caused intentionally or due to gross negligence by legal representatives or - 3 -
vicarious agents of Reebok. Nothing shall exclude or limit our liability for death or personal injury or for any other liability which cannot be excluded or limited by law. These Terms set out the entire agreement between us and no third parties can derive any rights under, or enforce, these Terms. MEDICAL DISCLAIMER The Content we offer through the Application is generic and not specific to you. The Application is for educational purposes only and is not intended to be and should not be construed as a substitute for medical advice, treatment, diagnosis, consultation, or recommendation for a particular course of action regarding your health. Reebok is not a health care provider and does not provide medical advice. Although the workout plans have been prepared by experienced fitness coaches, you understand and agree that in the light of the services being offered free of charge we cannot guarantee any exercise, health, weight loss, fitness results, or improvements using the application. IMPORTANT SAFETY INFORMATION We strongly encourage you to seek medical advice before using the application or beginning any fitness program. If you experience any pain, weakness, dizziness, or exhaustion, or become short of breath, immediately stop your workout and consult a physician or call 112. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Reebok, its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors from any and all demands, claims and actions (including reasonable attorneys fees) arising from or related to your negligence or willful abuse of the Application. We reserve the right to assume all or any part of the defense and control of any such claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so. PRIVACY Your privacy is important to Reebok. For more information on how we protect your personal data, please refer to Reebok's Privacy Policy. GOVERNING LAW and JURISDICTION Any dispute arising out of or in connection with the use of the Application and/or these Terms shall be governed by English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Application and/or these Terms. SEVERABILITY If any of these Terms is considered illegal, invalid or unenforceable, this will not affect the rest of these Terms. Any failure or delay in exercising any right or option, enforcing any obligation or requiring performance, shall not be construed as a waiver of that right or option. - 4 -
TERMINATION If you wish to delete your account, you may do so by going to the Account Settings within the Application which contains the option to delete your account. In the light of the services being offered free of charge, Reebok may terminate your account and/or access to the Application at any time at its sole discretion, with or without cause, with or without prior notice. For the avoidance of doubt, termination and deletion of your account will end your right to use the Application and Content as described under these Terms. It is thus your responsibility to provide for backups if you would like to save the content beyond the expiration of your account. THIRD PARTIES WEBSITES The Application may provide links to third party applications, websites or other services. Reebok makes no representations whatsoever about any other application, websites or other services which you may access through the Application. Reebok is not responsible or liable for, or associated with, these third party services, including their content. If you have any questions about these other companies practices, you should review their terms of use and corresponding policies. CHANGES TO OUR TERMS OF USE We reserve the right to change the Application and Reebok Content, and Terms at any time. Reebok will inform you of the changes made by e-mail. If you do not expressly object to the updated terms in writing within 2 weeks from the sending of the information e-mail, you agree with our updated terms. In case of an objection, Reebok is entitled to terminate your account and/or access to the Application within 2 weeks after receipt of your refusal. QUESTIONS If you have any questions about these Terms or the Application, please contact us at: adidas International Trading B.V. Legal Department Hoogoorddreef 9a 1101 BA Amsterdam Netherlands You can send an email to our Customer Service Or you can call Customer Service at 0800-2794979 (FREE PHONE). - 5 -