These are the General Terms and Conditions, as used by VirtuaGym. By making use of the website and the other products and services of VirtuaGym (hereafter: "the Products") you declare to explicitly agree on these General Terms and Conditions. The General Terms and Conditions also apply to all contracts of VirtuaGym, wherein is refered to said General Terms and Conditions. Users of the Products and contracting parties, where these General Terms and Conditions apply to, will be hereafter be referred to as "the Party". VirtuaGym is a trademark of DIGIFiT B.V. registered at the Chamber of Commerce at Amsterdam with number 34296133.
2.1 The use of the Products is only allowed, if the General Terms and Conditions and the Privacy Statement are agreed upon, with a few exceptions in a number cases mentioned hereafter. Therefore, by using one or more Products, the Party declares to agree with the General Terms and Conditions.
2.2 VirtuaGym however reserves the right to forbid the use of and/or access to her products without (prior) notice or reason, in example by blocking or removing profiles or by blocking IP-adresses of computers, in case VirtuaGym finds this appropriate due to whatever reason.
2.3 Profiles are restricted to natural persons only and Fit-groups are for users with a jointly interest only. Companies and other institutions, like foundations, gyms and other commercial companies are only allowed to create groups after prior written agreement with VirtuaGym.
2.4 Profiles and groups contrary to previous rules can be removed, without prior notice.
3.1 In order to use the Products you need to be at least 16 years old, or the valid minimum age in order to be able to make a valid and legally binding contract for said Products. Persons below said age need the explicit permission from their parents or legal guardian in order to agree with the General Terms and Conditions and to make use of the Products or make a binding agreement with VirtuaGym in any other way.
4. Offered information
4.1 Although the information on this website and contained within the other Products - with the exception of the user generated content - is made with great care, a complete accuracy, reliability or suitability whatsoever cannot be guaranteed. Therefore, in case you rely on the information on this website or contained within the other Products, whether or not originating from VirtuaGym or one of its employees, this is completely at your own risk.
4.2 The information is explicity not meant for replacing medical care, medical advice or support by professionals within other disciplines. VirtuaGym should in example never be used for (self)diagnosis. In any case it is strongly recommended that users immediately consult their doctor with any medical questions, complaints and/or symptoms.
4.3 By accepting these General Terms and Conditions the Party explicitly recognizes that VirtuaGym cannot be held liable for any defects and/or wrong information contained within the infromation offered, and the possible damage which may occur in result thereof.
5. Physical exercise
5.1 Performing physical exercise or following a diet plan can pose a health risk, ranging from injuries to death. Users that wish to start with any form of physical exercise or a diet plan with the Products, must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience pain or become dizzy or short of breath should immediately stop the physical exercise or their diet plan and contact a doctor for advice.
6. Rights of intellectual property
6.1 By accepting these General Terms and Conditions the Party explicitly recognizes that all designs, information, images and other content within the Products - with exception of user generated content - are property of VirtuaGym, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.
6.2 VirtuaGym grants users a limited, personal, non-exclusive, non sub-licensable, non-transferable and revocable right to use the Products for personal purposes and under the terms and conditions, as stated in these General Terms and Conditions.
6.3 In case VirtuaGym and a third party, being an company or institution, agree upon the licensing of one or more of the Products, this concerns a limited, non-exclusive, not sub-licensable, non-transferable and revocable right to use said Products concerned.
6.4 It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content for direct or indirect commercial purposes, unless explicitly agreed in written form with VirtuaGym.
6.5 The Party declares not to perform any acts which infringe or can infringe the (intellectual property- or database) rights of VirtuaGym or third parties.
7. Licensing for shared information
7.1 The Party grants VirtuaGym in exchange for the services granted by VirtuaGym a continued, worldwide, unlimited, irrevocably, non-exclusive license without any extra remuneration by VirtuaGym, including the right to sub-license, to all information, including but not limited for texts, images, photos, video and soundfiles, designs and user information, which is uploaded to, shared with or saved within the Products or shared with VirtuaGym in any other way by the Party(hereafter: "the Shared Information"), to use, copy, distribute, transfer, perform, modify, or use otherwise, for commercial or other purposes through all existing media.
7.2 By accepting the General Terms of Conditions, the opposite party guarantees that the Shared Information does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene the law, does not contains (child)pornographic material or is otherwise offensive, does not constitute threat or defamation, is free from viruses or other code which is harmful or can be harmful to computers, other electronics or the data or programs contained thereon, and has no commercial purpose.
7.3 The Party remains fully responsible and liable for any direct or indirect damage caused for VirtuaGym and third parties due the Shared Information by the Party.
8. User information and registration
8.1 The Party declares that the information provided, in example for registration, is correct and complete and that it will update these where possible within the Products, in case of changes. Any passwords should be kept carefully and may not be shared with third parties.
8.2 The Party may not grant third parties access to Products via his own registered account. In case the Party share his account access information with third parties, he will be fully responsible and liable for direct and indirect damage resulting thereof.
8.3 The Party agrees that VirtuaGym saves, processes and stores all the data provided by the Party, including through use of the Products. Please also see our Privacy Statement.
9.1 VirtuaGym may send varying communications to users via the Products, including update notifications or reminders, e-mails or other communications. Users can indicate at the settings until what extend they wish to receive said communications.
9.2 The Party agrees that VirtuaGym may approach the Party for important changes or updates of the Products, in case deemed necessary by VirtuaGym . Such communication shall in principle never contain any commercial messages from third parties.
9.3 Members can communicate with each other within the Products, e.g. by placing comments or sending messages or discussing within groups. The Party declares not to send spam, or any other communications which is undesired by the receiver, being commercial or otherwise, including but not limited to threatening, agressive, obscene, ignominious, offending, privacy infriging or commercial communications. Any acts contrary to these condition can - as with the other conditions - result in immediate denial of access and use of the Products and termination of the user license.
9.4 VirtuaGym is at any time free to delete any user communications or other Shared Information without any prior or further notice if these are regarded to be below standard or otherwise inappropriate by VirtuaGym.
9.5 For all communication and contact via the Products the following user guidelines apply:
a) Keep it always fun and positive!
b) Treat each other with respect
c) Respect each others opinion, even if you do not agree with it
d) Do not place "off-topic" messages within discussions
e) Do not bother people with irrelvant matters
f) Do not advertise for any products or services
10. Information from third parties
10.1 The Products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and website links (hereafter: "Information from Third Parties")..
10.2 Information from Third Parties generally is and cannot be previously checked by VirtuaGym, which means that we can not guarantee the quality and validity thereof. VirtuaGym is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage which may result from it.
10.3 Third parties may connect to VirtuaGym via the API and obtain access to publicly available data contained within the Products, including possibly personal user data which has been published on the Products with their permission. Beside that third parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. The General Terms and Conditions and Privacy Statement from VirtuaGym do in principal not apply to applications from third parties. These third parties may use different General Terms and Conditions and Privacy Statements.
11. Unlawful information
11.1 After a report VirtuaGym will investigate the presence of unlawful information in one or more of the Products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via e-mail to firstname.lastname@example.org.
11.2 This report should in any case contain the following information:
a) the URL where the alleged unlawful information can be found.
b) your explicit statement that the material is unlawful and why.
c) in case it is a case of infringement of rights of intellectual property, you need to substantiate that you are the rightful owner of said rights, and to which extent the information infringes said rights.
d) in case you represent someone else, an authorization which allows you to act on behalf of the rightful claimant, signed by the rightful claimant.
e) Your name, e-mailadres, address and phone number, so that VirtuaGym can contact you.
12. Paid Products
12.1 The listed prices of the Products are in Euro's and exclusive VAT, unless explicitly stated otherwise.
12.2 All listed prices are conditional and can be adjusted without an prior notice.
12.3 Termination of periodical subscriptions cannot take effect before the end of the period that has been agreed upon. Such termination has to be done at least 1 month, before the end of the (renewed) contract period. For monthly subscriptions, termination has to take place 2 weeks before this. Without termination, the subscriptions will automaticly be extended after agreed period has ended, in principle for a same period, unless otherwise agreed. Users can unsubscribe at any time, although the afore mentioned notice term applies.
12.4 In order to terminate a subscription effectively, the user should send an e-mail to email@example.com, indicating their username and desired date of termination.
12.5 Payment is due once the agreement is in place, unless otherwise agreed upon.
12.6 The Products shall be delivered as soon as possible or within the agreed period after payment. VirtuaGym accepts no liability for any damage, in case the delivery takes place after the agreed period.
13. Modifications to the Products
13.1 Virtuagym explicit reserves the right at any time to modify, stop or change a part of, or the whole of one or more of the Products, for a determined peroid or always, without prior notification or after to the Party, whether it concerns paid or unpaid Products.
13.2 This may also result in non-accessability or loss of a part or the whole of the Shared Information, including the Shared Information of the Party. VirtuaGym cannot be held liable for any direct or indirect damage resulting thereof.
13.3 In case of such a modification of the Products, for whatever reason, the Party will have on his request the (already) paid amounts to VirtuaGym or her partners refunded pro ratio.(
14. Modification of the General Terms and Conditions
14.1 VirtuaGym reserves the right to change her General Terms and Conditions at any time. After such a modigication the changed General Terms and Conditions will be offered for inspection immediately on the website.
14.2 By using the website and the other products of VirtuaGym after changes to the General Terms and Conditions the Party declares to agree to the new General Terms and Conditions.
15. Conformity and exclusion of liability
15.1 The Products and the content thereof are deliverd by VirtuaGym as such, including potential defects.
15.2 Nor VirtuaGym, nor her partners or suppliers give any guarantee, explicit of implicit, regarding the functionality of the Products or any content thereof.
15.3 VirtuaGym cannot and does not guarantee that the Products are availible at any moment at any location, and that said availability occurs safely, or that any errors will be solved or that the Products are free from viruses or other potentially damaging software or parts.
15.4 The Party acknowledges that the Products may contain potential (hidden) defects and accepts the risks for any direct or indirect damage which may occur thereof. The Party cannot terminate an agreement based on non-compliance.
16. Electronic signature
16.1 By using the Products the Party provides an electronic signature so that these General Terms and Conditions apply.
17. Application and competence
17.1 These General Terms and Conditions replace all prior agreements or commitments, unless these are explicit agreed upon by an authorized director of VirtuaGym.
17.2 One or more parts of these General Terms and Conditions may not apply in the applicable legal system. In such a case the remaining parts of this agreement remain valid between parties.
17.3 Dutch Law applies to this agreement. Any disputes which may result from this agreement will be exclusively decided upon by the competent court in Amsterdam, The Netherlands.
Last modified: 2 May 2010