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PLEASE READ THESE TERMS OF USE AND BELA FIT'S PRIVACY POLICY CAREFULLY. BY USING THE SITES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES AND ANY OF THEIR CONTENT. YOUR USE OF THE SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. BELA FIT CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES. IF YOU DO NOT CEASE USING THESE SITES, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with BELA FIT or its affiliates for other products or services.
These Terms of Use were updated as of July 5, 2013.
The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws.
The Sites are provided solely as a convenience to you for non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that BELA FIT, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites; (f) other than for your use of the Sites as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any BELA FIT trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without BELA FIT’s express written consent; or (i) use any meta tags or any other “hidden text” utilizing a BELA FIT name, trademark, or product name without BELA FIT’s express written consent.
Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
The Content and the Sites, as well as the selection and arrangement thereof, are the sole property of BELA FIT and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with BELA FIT's express written consent. Other than as necessary for your use of the Sites in accordance with these Terms of Use, BELA FIT grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by BELA FIT's licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without BELA FIT’s express prior written consent.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to BELA FIT or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of BELA FIT, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of BELA FIT or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BELA FIT.
In order to purchase products or services through the use of the Sites, you must establish an account with BELA FIT. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
You acknowledge and agree that BELA FIT may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if BELA FIT is required to do so by law or legal process or if BELA FIT determines, in its sole discretion, that such action is necessary to protect the rights of BELA FIT, third parties, and other users of the Sites or for purposes of responding to your request for customer service. BELA FIT’s right to disclose any such information shall govern over any terms of our Privacy Policy.
All product sales from the Sites are governed by any terms of sale that may be posted on the Sites. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in BELA FIT’s sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Sites.
You consent to receive electronic communications from BELA FIT either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Sites (each a "Submission") and through the services available in connection with the Sites, and that you, and not BELA FIT, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to BELA FIT. Unless otherwise explicitly stated herein or in the BELA FIT Privacy Policy, you agree that any Submission provided by you in connection with the Sites is provided on a non-proprietary and non-confidential basis. You agree that BELA FIT is free to use a Submission for the purpose of providing you and others with use of the Sites and their functionality and providing you with the associated products and services, and you grant BELA FIT a sublicensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission. In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you hereby grant and will cause such other person to grant to BELA FIT a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of BELA FIT or ivivva products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and BELA FIT is under no obligation to treat such Submissions as proprietary information except pursuant to BELA FIT's Privacy Policy applicable to personally identifiable information. SUBJECT ONLY TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You further agree that you will not upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to BELA FIT set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites. When submitting Submissions to or otherwise using the Sites and/or the services, you agree not to, without limitation:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.
Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Sites.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Alter the opinions, goals, profiles or comments posted by others on the Sites.
This list of prohibitions provides examples and is not complete or exclusive. BELA FIT reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that BELA FIT determines is inappropriate or disruptive to this Sites or to any other user of the Sites and/or services. BELA FIT may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at BELA FIT's discretion, BELA FIT will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
BELA FIT takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, BELA FIT is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require BELA FIT to monitor, police or remove any Submissions or other information submitted by you or any other user.
FeedbackIf you submit any feedback or ideas about our products and services to the Sites, you hereby assign and agree to assign to BELA FIT all right, title and interest in and to such feedback.