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Wednesday, October 18, 2017

LEGAL NOTICE

Singular WOD Spain, S.L. (hereinafter THE COMPANY), a Spanish company whose tax number is B86766938, registered address is calle del Álamo, 27, C.P. 28970, Humanes de Madrid, Madrid, Spain, and is registered in the Mercantile Register of Madrid (Volume 31297, Book 0, Folio 151, Section 8, Sheet M 563371, Inscription 1 on 07/22/2013), informs visitors (hereinafter User(s)) to any of the websites or websites related to the COMPANY’s products and its ownership (hereinafter websites), of the terms of use (terms of use) applicable to the access and navigation of the websites by Users who access or use the services, applications, tools and, in general, the content included therein (hereinafter services or content).

This document, without prejudice to the particularities indicated therein, is accepted by Users by simply accessing the websites

 

1. Quality

THE COMPANY informs Users that it will make its best efforts to achieve the best possible quality, with the current state of technology. Notwithstanding the foregoing, THE COMPANY rejects any responsibility in regard to interruptions or bad performance of services or contents offered on the Internet, whatever its cause. Likewise, THE COMPANY is not responsible for network outages, business losses as a result of such outages, temporary suspensions of electricity or any other indirect damage that may be caused to Users by causes beyond the control of the COMPANY.

THE COMPANY may temporarily or permanently suspend the services or contents in order to update, maintain or repair their systems or for business reasons.

THE COMPANY is not liable for failures and/or damages arising from the incompatibility of THE COMPANY’s services or contents with other services, contents or computer programs with which it is not specifically interoperable. In any case, the configuration and capacity of Users' computers to navigate websites and use the services and contents offered in them shall be sufficient to allow the correct use of the services; the User is responsible for the total and correct installation of any content that can be downloaded from these websites.

 

2. Users’ responsibility of use and content

Both the access to the websites and the use that can be made of the information and contents contained in those websites is the exclusive responsibility of those Users who do so.

Therefore, the use that can be made of the information, images, contents and/or products offered and accessible through them will be subject to applicable law, both national or international, as well as to the principles of good faith and licit use by the Users, who will be entirely responsible for such access and correct use.

Users are obliged to make reasonable use of the services or contents, under the principle of good faith and with regard to current laws, morality, public order, good customs and the rights of third parties or THE COMPANY, all according to the possibilities and purposes for which they are conceived. THE COMPANY assumes no direct or indirect liability for damages or lost profits arising from the misuse of the services or contents by the Users or third parties. The User agrees to use the services or contents exclusively for their personal use, and not to directly or indirectly carry out any commercial exploitation of them.

Access to the services or contents will be the total responsibility of the Users. In the case of minors or persons declared incompetent, it will be the responsibility of their parents, guardians or legal custodians, to accompany, supervise or take the necessary precautions measures during their navigation sessions.

In general, any type of activity that results in the detriment of THE COMPANY or of third parties is prohibited. THE COMPANY shall not be responsible for the information, images, allusions or contents that are communicated, hosted, transmitted or displayed through any of the services or contents offered by THE COMPANY beyond their control.

The use of COMPANY web pages for illegal or unauthorised purposes are considered strictly prohibited such as, in particular, but not limited to: any violation of the rights of third parties regarding their privacy, honour, image, secrecy of communication, intellectual and industrial property or protection of personal data.

Likewise, Users undertake to not publish, divulge, advertise, reference or distribute any material, subject or information with illegal, obscene, pornographic, abusive, defamatory, misleading, racist content or any that is contrary to morality, the public or the general order, as well as to not introduce any type of computer virus, defective files, or any other software or program that can cause damage or unauthorised alterations to the contents, programs or systems accessible through the websites; alter or interfere by fraudulent means, any personal web pages or emails of other Users without the proper authorisation, as well as send emails in a massive and/or repetitive manner, or send third parties’ email addresses without their consent. Nor can Users improperly or inappropriately use, with regard to normal operations and purposes, those services or contents that are provided by THE COMPANY such as chats, newsgroups, forums, etc.

In case of breach of what is established herein, THE COMPANY may, without resulting in any claim to compensation, remove illegal content from its web pages. THE COMPANY may carry this out both at its sole discretion and at the request of an affected third party, all in accordance with current legislation.

In particular, and notwithstanding the foregoing, Users undertake to comply with all applicable regional, state, national and international regulations and are solely responsible for all acts or omissions that occur in regard to their account, registration or password, including the content of their transmissions through the available services or contents. As an example, but not limited to, Users agree to abstain from the following actions, without prejudice to the fact that they are fully responsible for them if they do so:

- Use the service to send out surveys, contests, pyramid schemes, chain letters, unwanted messages, spam or any other duplicate or unsolicited messages (commercial or otherwise).

- Create a false identity for the purpose of deceiving third parties regarding the identity of the sender or the origin of the message.

- Defame, insult, harass, stalk, threaten or infringe in any other way on the rights of third parties (such as the right to privacy or their own image).

- Publish, distribute or disclose any inappropriate, sacrilegious, defamatory, illicit, obscene, indecent, racist, inciting or violating information or material that may be considered illegal.

- Advertise or offer the sale or purchase of any products or services.

- Collect or otherwise gather information about third parties, including their e-mail addresses, without their consent, as well as provide third parties' e-mail addresses.

- Use, download or copy in any other way, as well as provide (free of charge or not) a person or entity that is not a User of the services or contents with a directory of Users of the services or contents or any other information related to Users or to their use of these services or contents beyond the context of normal use in accordance with these terms of use.

- Attempt to obtain unauthorised access to services or contents, other accounts, computer systems or networks connected to them, through automatic search of passwords or any other means.

- Violate applicable laws or regulations, including, but not limited to, legislation governing the transmission of technical data or software exported from the European Union.

- Interfere with other Users’ use or enjoyment of the services or contents or other persons or entities’ use or enjoyment of similar contents.

- Carry out any action on websites that results in the transmission of any damaging, harmful or simply unsolicited program.

THE COMPANY is not obliged to supervise the Service or a User’s access nor keep the contents a User’s session. However, and without prejudice to the foregoing, THE COMPANY reserves the right to monitor, review, preserve and/or disclose at any time, any information that may be necessary to comply with applicable law, regulations, legal processes or administrative requirements.

 

3. Prohibition of trouble and damage

THE COMPANY, when technically possible, will immediately cancel or block any Users’ registration to THE COMPANY's web pages when it reasonably considers that such registration transmits or is in any other way related to any troublesome or massively unsolicited email messages and, to the extent of its possibilities, when requested by a User of THE COMPANY’s websites, without prejudice to THE COMPANY and third parties’ right to claim reparation for damages and losses produced.

 

4. Intellectual and industrial property

The contents provided by THE COMPANY as well as the content uploaded to the Internet through its web pages, constitute a body of work that falls under the description given by legislation of intellectual property and are therefore protected by applicable international laws and conventions in this area. Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation of the web pages, their contents and information, without the express and prior consent of THE COMPANY is strictly prohibited.

Consequently, the content that is displayed on THE COMPANY’S different websites and in particular designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs susceptible to industrial and commercial use, are subject to intellectual and industrial property rights of THE COMPANY or third parties who have duly authorised their inclusion on the different websites.

Thus, the contents, images, contents, forms, opinions, indexes and other formal expressions that make up the web pages, as well as the software necessary for their operation and display, also constitute a body of work in regard to the Rights of the Author and are, therefore, protected by international conventions and national laws under the applicable framework of Intellectual Property. Failure to respect the above implies the commission of serious unlawful acts and they will be sanctioned by civil and criminal law.

It is strictly prohibited for Users to use the services or contents to exploit or take commercial advantage, directly or indirectly, in whole or in part, of any of the contents, images, forms, indexes and other formal expressions that comprise the web pages without prior written permission of THE COMPANY. Specifically, and not limited to, the following acts are strictly prohibited: reproduction, distribution, exhibition, transmission, retransmission, broadcasting in any form, storage on physical or logical media (e.g. diskettes or computer hard drives), digitisation or making available databases other than those belonging to THE COMPANY or authorised by THE COMPANY as well as the translation, adaptation, modification or transformation of opinions, images, forms, indexes and other formal expressions that are made available to Users through the services or contents, when such acts are subject to applicable legislation in the matter of intellectual, industrial or image protection.

THE COMPANY is free to limit the publication of opinions, observations, images or comments that the Users may send through e-mail to their web pages or about the products and/or services offered therein. THE COMPANY may establish the necessary filters it deems appropriate, without prejudice to Users’ exclusive responsibility, in order to avoid its web pages being used to upload content or opinions onto the internet that are considered racist, xenophobic, discriminatory, pornographic, defamatory or that in any way promote violence or the dissemination of clearly illicit or harmful content. Given the high number of e-mails received, and according to applicable regulations at all times, THE COMPANY’s efforts in this regard will be carried out according to criteria of reasonability, since it is practically impossible to control at all times the current contents of the services offered.

In accordance with what has been stated in the previous paragraph, THE COMPANY is also authorised to modify or alter such entries, opinions or comments, in order to adapt them to the editorial needs of their web pages, and it is understood that by doing so there is in no way any harm done to the moral rights of Copyright that the Users could have on them.

The use or application of any technical, logical or technological resources pursuant to which Users may benefit, directly or indirectly, with or without profit, from any of the content, forms, indexes and other formal expressions that comprise the web pages, or the effort carried out by THE COMPANY for their operation is hereby strictly prohibited. Specifically, any link, hyperlink, framing or similar method that may be established directed to COMPANY's web pages is strictly prohibited without the prior, express and written consent of THE COMPANY. Any violation of that established in this point will be considered an infringement of THE COMPANY's legitimate intellectual property rights on the web pages and their contents.

THE COMPANY will not assume any responsibility for consequences resulting from the aforementioned conducts and actions, just as it will not assume any responsibility for the contents, services, products, etc. of third parties that can be accessed directly or through banners, links, hyperlinks, framing or similar methods from THE COMPANY’s websites.

 

5. Waiver and limitation of liability

The information contained in THE COMPANY’s website are periodically changed. THE COMPANY can improve and/or change the services or contents available at any time.

THE COMPANY does not state or guarantee that its services or contents are uninterrupted or error free, that defects will be corrected, or that its service or the server that makes its content available is free of viruses or other harmful components, without prejudice to the fact that THE COMPANY does its best to avoid such incidents. THE COMPANY does not guarantee or declare that use or results of use of its services or content are correct, accurate, punctual or otherwise reliable. Should the User make certain decisions or carry out certain actions based on the information included in any of THE COMPANY’s websites, it is recommended that this information be cross-referenced with other sources.

Users expressly agree that THE COMPANY shall not be held responsible for unauthorised access or alteration of its transmissions or data, for any material or data sent or received or not sent or received, or any transaction made through its websites. The User accepts that THE COMPANY is not responsible for any conduct or content that is not owned by THE COMPANY nor that it is responsible for the information, statements or opinions expressed by other Users, whether they contain threatening, defamatory, obscene, offensive or illegal content, are given by a third party or infringe on the rights of third parties, including intellectual property rights. Likewise, the User accepts that THE COMPANY is not responsible for any content that has been sent, used and/or included in the services by any third party.

THE COMPANY does not guarantee the suitability, reliability, availability, timeliness and accuracy of the services or contents for any purpose.

THE COMPANY shall not be liable for direct, indirect, or any other damages, including, but not limited to, damages due to loss of use, data or benefits arising from or relating to the use of its services or websites as a consequence of a delay or unavailability of the service, whether this difficulty was responsibility of THE COMPANY through contractual or extra contractual obligation, negligence, strict liability or any other type, even if THE COMPANY had been notified of the possibility of damages by private third parties.

 

7. Modifications to the Terms of Use

THE COMPANY reserves the right to modify at any time these terms of use.

 

8. Communications with THE COMPANY

Any incident regarding the operation and quality of service, as well as any other issue that may arise regarding the provision of the service, should be addressed in writing to THE COMPANY at the address indicated at the beginning of this document and submitted within one month from when the incident took place.

Likewise, THE COMPANY makes the following address available to Users, in case they prefer to use this method for contact: support@singularwod.com.

 

9. General

All rights to the websites are protected by copyright©. All rights are reserved, and therefore, the content belongs solely and exclusively to its author. Access to this material will not in any way require a license for its reproduction and/or distribution, which in any case is prohibited, except with the prior and express consent of THE COMPANY. Accessing the websites implies the acceptance of these terms of use.

Spanish legislation is applicable to these terms. The use of the services or contents is prohibited in all jurisdictions that do not recognise the effectiveness of the present terms of use. Access to the contents of THE COMPANY web pages does not result in any type of association, society, labour relation or agency being created between THE COMPANY and User. In addition, unless expressly stated otherwise, a supplier-customer relationship is not established by access, and except in specific situations of use, the services and contents are free. No part of these terms of use shall prevent THE COMPANY from complying with any administrative, judicial, or legal requirements regarding the use that Users make of the services or contents.

THE COMPANY activity is not associated with the provision of training or any training related to functional or fitness training or any other type of sports discipline and is not related in any way to any trademark other than "Singular WOD".

 

NOTICE TO MINORS.

If you are under the legal age you should know that:

THE COMPANY recommends you notify your parents or guardian before navigating the internet.

Although THE COMPANY will not verify whether the personal data you have registered is valid, before making use of any service or content offered by THE COMPANY, we recommend that you speak with your parents or guardians so they can explain the Privacy Policy to you and you can interact with THE COMPANY’s websites with them.

If you have decided to register, we recommend you consult with your parents or guardian so that they can get in touch with us if they so desire.

 

NOTICE TO PARENTS AND GUARDIANS.

Notwithstanding that which is established in the Legal Notice; in your capacity as parents, guardians or legal custodians, you are responsible for your children and their protected access to THE COMPANY’s services or contents, such that we recommend you accompany, supervise or take appropriate precautions of (limitations to computer usage time, location of the computer in common area of the house, etc.) their navigation activities.

Although THE COMPANY will not verify the data given, it recommends that parents and/or guardians supervise their children’s registration process. THE COMPANY will manage requests derived from parents or guardians’ exercising their rights of access, cancellation, rectification and opposition of the data given by minors or persons declared incompetent, without prejudice to their right to contact THE COMPANY to notify them of any issue.

Along with the above, we remind you that some browsers allow you to modify your settings so that children or others cannot access certain web pages. In addition, we recommend that you supervise navigation activities because certain websites may not have been adequately filtered.

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