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Friday, July 21, 2017

LEGAL NOTICE

Singular WOD Spain, S.L. (hereinafter, THE COMPANY), a Spanish company with CIF B86766938 and domiciled at Calle del Álamo, 27, C.P. 28970, Humanes de Madrid, Madrid, Spain, registered in the Commercial Register of Madrid (Volume 31297, Book 0, Sheet 151, Section 8, Page M 563371, registration 1 of 22/07/2013), informs visitors (from this point on, “Users”) of Internet pages or websites related to THE COMPANY’s products and under its ownership (from this point on, “websites”), of the conditions of use (“Conditions of Use”) relating to the access to and usage of the websites which are applicable to Users who access or use services, applications, tools, or general content included on them (from this point on, “services or content”).

 

This document, without prejudice to the specificities referred therein, is accepted by the Users simply by accessing the websites.

 

1. Quality

 

THE COMPANY informs users that it will do its best to ensure the highest quality possible, given the state of technology. Despite the foregoing, THE COMPANY declaims any responsibility for interruptions or malfunction of the services or content offered on the Internet, whatever the cause. Also, the company is not responsible for failure of Internet service or business losses therefrom, temporary blackouts, or any other type of indirect damage Users may suffer for reasons outside THE COMPANY's control.

THE COMPANY may temporary or permanently suspend services or content for reasons such as update, maintenance, repair of their systems, or for business reasons.

THE COMPANY is not responsible for failures and/or damages resulting from the incompatibility of THE COMPANY’s services or content with other services or software that are not specifically declared to be interoperable. Regardless, the specifications and capacity of Users’ devices used to browse the websites, as well as to use the services and content offered thereon, shall be sufficient to allow the correct use of the services, the user assuming responsibility for the complete and proper installation of downloadable content from these websites.

 

 

2. Users’ responsibility for use and content

 

Both accessing websites and using the information and content contained thereon, shall be the exclusive responsibility of the Users.

 

Therefore, the use of the information, images, content or products offered and accessible on the site will be subject to the applicable laws, either national or international, as well as to the principles of good faith and lawful use from Users, who will be entirely responsible for such access and correct use.

Users are required to make reasonable use of the services or content, under the principle of good faith and with respect for the governing laws, morality, public order, moral conventions, and for the rights of third parties and of THE COMPANY itself, all in accordance with the possibilities and aims for which they were conceived. THE COMPANY does not assume responsibility, direct or indirect, for consequential damage or loss of profit resulting from the misuse of services or content by Users or third parties. The User agrees to use the services or content solely for personal use, and not to engage, directly or indirectly, in any commercial use of thereof.

Users bear sole responsibility for access to the services or content. In the case of minors or the disabled, their parents, guardians or representatives bear sole responsibility, and must accompany, monitor or take appropriate precautions when their children or wards visit the websites.

In a general sense, any activity detrimental to THE COMPANY or third parties is prohibited. THE COMPANY will in no case be responsible for information, images, allusions, or content communicated, hosted, transmitted, or exhibited through the services or content offered by THE COMPANY outside its control.

It shall be prohibited to use THE COMPANY websites for illegal or unauthorized purposes, including, but not limited to: any violation of third party rights concerning privacy, honor, own image, secret communications, intellectual and industrial property, or protection of personal data.

 

Furthermore, Users promise not to publish, disseminate, announce, refer to, or distribute any material, matter, or information with content which is illegal, obscene, pornographic, abusive, defamatory, misleading, racist, against morals or the public order, as well as not to introduce any type of computer virus, defective files, or any other software that may cause damage or unauthorized alterations of the content, programs, or systems accessible via the websites; not to alter or intervene through fraudulent means with personal websites or other Users’ e-mails without proper authorization, not to send spam or repetitive e-mails, and not to reveal e-mail addresses of third parties without their consent. Nor shall Users make undue or inappropriate use, relative to normal function and purpose, of those services or content facilitated by THE COMPANY, such as chats, newsgroups, forums, etc.

In case of non-compliance with the provisions herein, THE COMPANY may, without triggering any form of compensation, remove the illegal content from its websites. THE COMPANY may choose to do this both based on its unique and exclusive judgment, and at the request of an affected third party, all in compliance with current legislation.

 

In particular, and without prejudicing the previous terms, Users shall undertake to comply with all applicable local, state, national, and international regulation, and they are solely responsible for all acts or omissions which happen in relation to their user account, login, or password, including the content of what they disseminate using the services or content. As a non-exhaustive example, Users accept to refrain from the following actions, though they shall assume completely responsibility if they do undertake such actions:

 

- Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spam, or any other duplicative or unsolicited messages (commercial or otherwise).

 

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

 

- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of third parties.

 

- Publish, distribute, or disseminate any inappropriate, profane, defamatory, illicit, obscene, indecent, racist, or violence-inducing information or material, or any information or material that could be considered illegal.

 

- Advertise or offer to sell or buy any goods or services.

 

-Gather or, in any other way, collect information on third parties, including their e-mail addresses, without their consent, or provide others’ e-mail addresses to third parties.

 

- Use, download, or copy in any other way, or provide (for free or not) to a person or entity who is not a User any directory of Users of the services or content or any other information regarding the Users or their usage activity outside the context of normal use as defined by these terms of use.

 

- Try to obtain unauthorized access to the services or content, other accounts, computer systems, or connected networks, whether through automatic password generation or any other means.

 

- Infringe the applicable laws or regulations, including, among others, the legislation that governs the transmission of technical data or software exported from the Union European.

 

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

 

- Perform any action on the websites that involve the transmission of any harmful, damaging, or simply unsolicited program.

 

THE COMPANY will have no obligation to monitor the Service or its use by a User, nor retain the content of any User session. However, and without prejudice to the foregoing, THE COMPANY reserves the right to monitor, review, retain and/or disclose at any time any information which may be necessary to comply with any applicable law or regulation, legal proceeding, or administrative requirement.

 

3. Prohibition of nuisance and damage

 

THE COMPANY, whenever technically possible, shall immediately cancel or freeze any record of website Users for which THE COMPANY is responsible, when it reasonably considers that such record generates or is otherwise connected with any junk or unsolicited bulk e-mail and, to the extent of its abilities, when requested by recipient Users of THE COMPANY website, without prejudice to the complete redress of damages suffered by THE COMPANY or any third parties.

 

 

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

 

The content provided by THE COMPANY, as well as the content distributed on the Internet through its websites, constitutes a protected work within the meaning set by legislation on intellectual property, and is thus protected by applicable laws and international conventions governing this domain. Any form of reproduction, distribution, public communication, transformation, delivery, or, in general, any other form of public exploitation, referring to both websites and to their content and information, is forbidden, without express prior consent in writing from THE COMPANY.

 

As a result, all content displayed on the various websites and in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial drawings, or any other signs susceptible to industrial and commercial use are subject to the intellectual and industrial property rights of THE COMPANY or third party holders who have duly authorized their inclusion on the various websites.

 

Thus, the content, images, forms, views, opinions, indexes, and other formal expressions that are part of the websites, as well as the software needed for operation and generation of them, also constitute a work within the meaning of copyright and are, therefore, protected by applicable international conventions and national legislation governing intellectual property. Failure to comply with the above constitutes a serious illegal act, and will lead to civil and criminal sanctions.

 

It is prohibited without prior permission in writing from THE COMPANY to perform any act which allows Users to exploit or use commercially, directly or indirectly, in its entirety or partially, any of the content, images, forms, indexes, or other formal expressions that the websites contain. This includes, but is not limited to, prohibited acts of reproduction, distribution, exhibition, transmission, retransmission, broadcasting in any form, hardware or software storage (for example, floppy disks or computer hard disks), digitalization, or publication on databases not authorized by THE COMPANY, as well as its translation, adaptation, arrangement, or any other transformation of those opinions, images, forms, indexes, or other formal expressions that are made available to Users through the services or content, to the extent such acts are subject to the applicable legislation on intellectual and industrial property or personality rights.

 

THE COMPANY is free to limit access to websites, and to the products and/or services it offers, as well to as the subsequent publication of the opinions, observations, images, or comments that Users can send via email. THE COMPANY may accordingly establish, if it deems appropriate, without prejudice to the sole and exclusive responsibility of the Users, filters necessary in order to avoid dissemination onto the Internet, through its website, of content or opinions considered racist, xenophobic, discriminatory, pornographic, defamatory, or which, in any case, encourage violence or the dissemination of clearly illicit or harmful content. Given the high number of e-mails received, and according to the regulations applicable at that moment, such efforts by THE COMPANY will be carried out in accordance with standards of reasonability, since it is impossible, in practice, to control at all times the current content of the provided services.

 

In accordance with the statement in the previous paragraph, THE COMPANY is also authorized to proceed with the modification or alteration of such observations, opinions, or comments as it deems necessary, in order to adapt them to the needs of the websites’ publishing format, without it being understood that this creates any type of moral infringement of the copyright that Users might hold thereon.

 

Any technical, logical, or technological resources by virtue of which a third party can benefit, directly or indirectly, with or without profit, from all and each of the content, forms, indexes, and other formal expressions that the websites contain, or from the work of THE COMPANY for its operation, is prohibited. In particular, any link, hyperlink, framing or similar device that could be established to direct people to THE COMPANY website is prohibited without the prior written authorization of THE COMPANY. Any transgression of this rule will be considered harmful to the legitimate Intellectual Property rights of THE COMPANY in the websites and all the content thereon.

 

THE COMPANY will not assume any responsibility for consequences resulting from the behaviors and performances mentioned previously, and equally assumes no responsibility for the content, services, products, etc., of third parties which may be accessed directly or through banners, links, hyperlinks, framing, or similar devices from THE COMPANY websites.

 

 

5. Disclaimers and limitations of liability

 

Changes are periodically made in the contained information. THE COMPANY can at any time make improvements and/or changes in the services or content.

 

THE COMPANY does not declare or guarantee that the services or content are uninterrupted or free from error, that the mistakes will be corrected, or that the service or server that that makes it available is free from viruses or others harmful components, although the company does its best to avoid such incidents. THE COMPANY does not guarantee or assert that the use or the results of the use of the services or content are correct, precise, exact, or in any other way reliable. In case the User makes certain decisions or performs certain actions based on the information included in any of the websites, verifying the received information with other sources is recommended.

 

Users explicitly accept that the company will not be responsible for non-authorized access to or alteration of its transmissions or data, of any type, or data sent or received or not sent or received, or of any transaction made through its websites. The User agrees that THE COMPANY is not responsible for any conduct or content not originating from THE COMPANY, nor it will be liable for information, manifestations, or opinions expressed by other Users, or for third-party content that is threatening, defamatory, obscene, offensive, or illegal, or for any infringement of third party rights, including intellectual property rights. In addition, the user accepts that THE COMPANY is not responsible for any content sent, used, and/or included in the service by any third party.

 

THE COMPANY does not guarantee the suitability, reliability, availability, opportuneness, or accuracy of the services or content for any purpose.

 

THE COMPANY not will be responsible for direct, indirect, or of any other type of damage, including, but not restricted to, damages from loss of use, data or profits, resulting from or related to the use of the services or websites as a result of delay or impossibility in provision of the service, including if the source of THE COMPANY’s liability is contractual, extra-contractual, from negligence, objective, or from any other origin, even if THE COMPANY has been warned of the possibility of damages by individual third parties.

 

 

7. Modifications to the terms of use

 

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

 

 

8. Communications with THE COMPANY

 

In case of any incident affecting operation or quality of service, as well as any another issue that could arise with the provision of the service, communications must be directed in writing to THE COMPANY, sent to the previously indicated address, and within a month of discovery of the motivating fact.

 

If you prefer, you can also contact us by e-mail at support@singularwod.com.

 

 

9. General

 

All the rights of the websites are protected by their copyright ©. All rights reserved, and therefore the content is owned solely and exclusively by its author. Access to this material does not imply a license for its reproduction and/or distribution which, in any case, shall be prohibited without prior express consent of THE COMPANY. Accessing the websites implies the acceptance of the present conditions of use.

 

The applicable legislation is Spanish law. The use of the services or content is forbidden in all those jurisdictions that do not recognize the effectiveness of the present conditions of use. Access to the content of THE COMPANY websites does not imply an association, society, or employment or agency relation of any type between Users and THE COMPANY. Moreover, unless expressly indicated to the contrary, a supplier-customer relationship will not be established, since except in some specific situations of use, the services or content are free. No portion of these terms of use shall prevent THE COMPANY from meeting any administrative, judicial, or legal requirements related to the use the Users make of the services or content.

The activity of THE COMPANY is not linked to the teaching of workouts or educational training related to functional training, fitness, or any other sports practice or discipline, and it is not related in any way to other commercial brands registered as something other than "Singular WOD."

 

NOTICE TO MINORS.

 

If you are a minor you will be interested in knowing that:

 

THE COMPANY recommends that you advise your parents or guardians before using the Internet.

 

Although THE COMPANY will not check if your information is correct, before using any service or content of THE COMPANY, we recommend you tell your parents or guardians, since they will be able to explain the Privacy Policy to you, and you will be able to use all possibilities of THE COMPANY websites with them.

 

In particular, if you are going to sign up, consult your parents or guardians, in case they want to contact us.

 

NOTICE TO ADULTS.

 

Notwithstanding all the provisions in the Legal Notice; as parents, representatives, or guardians, you will be responsible for access by your minor children or charges to the services or content of THE COMPANY, so we recommend that you accompany, supervise, or take the necessary precautions (restricting computer time, location of the computer in a common area of the house, etc.) during their usage of the Internet.

 

Although THE COMPANY will not check the accuracy of the data, we recommend that, in such a case, you monitor the registration process of your children or wards. In this case, THE COMPANY will handle the requests resulting from the exercise, by the parents or guardians, of their rights of access to, cancellation and rectification of, and disagreement with the data of the minor or disabled children, without prejudicing your ability to contact us to warn us as you see fit.

 

In addition to the aforementioned, we remind you that some browsers allow you to modify their configuration so children or other people cannot access certain pages. However, we recommend that you monitor navigation, since certain websites might not have been classified.

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