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Please take the time to carefully read these Terms of Service, as they include important information regarding your legal rights, remedies, and responsibilities. In particular, these Terms of Use (or simply “Terms”) constitute a legally binding agreement between you and Pro-Trak, and any publications associated with those entities (collectively, the “Company” and/or “we”, “us,” and “our”), and govern your access to and use of the website (the “Website”) and its content (“Website Content”), mobile applications, and all associated services (collectively, the “Services”). Pro-Trak, and any publications associated with those entities By creating an account and using the Services, you acknowledge and agree to be bound by these Terms in its entirety. If you do not agree with these conditions, you should refrain from using the Services in any manner.
Registration for a user account. It is possible that you will be needed to register an account in order to access and utilise some features of the Services. During the registration process, you must submit accurate, current, and full information, and you must maintain your account information up to date at all times. Our team has the right to prevent the use of usernames that are offensive, infringe on the intellectual property rights of third parties, or that seek to impersonate another user. As the account holder, you are entirely responsible for keeping the passwords associated with your account private and for preventing access to your passwords as well as physical access to your computer while you are signed into the Services.
Who Is Eligible to Use Our Services? Among other requirements for accessing and using the Services, you must be at least 13 years old, and you must not have been previously barred from accessing or using the Services, or be prohibited from accessing or using the Services by virtue of any other relevant law or regulation.
Account cancellation is effective immediately. Among other requirements for accessing and using the Services, you must be at least 13 years old, and you must not have been previously barred from accessing or using the Services, or be prohibited from accessing or using the Services by virtue of any other relevant law or regulation.
In exchange for the Company delivering the Services, you promise that you will not do any of the following things:
Various components of the Services and Website are protected by patent, copyright, trademark, and other intellectual property laws in the United States and other jurisdictions throughout the world. You understand and agree that the Services and the Website, as well as any related intellectual property rights, are the sole property of Company and that you have no right to use them or exploit them. Neither you nor anyone else shall remove, modify, or obscure any copyright, trademark, or other property rights notices that are included into or accompany the Services.
Our Privacy Policy can be found at https://www.pro-trak.co.uk/privacy-policy/, and our Cookies Policy can be found at https://www.pro-trak.co.uk/cookie-policy/. We collect and use personal information in connection with your access to and use of the Services, as described in our Privacy Policy and Cookies Policy, respectively.
When we receive notifications of suspected infringement that are in compliance with the Digital Millennium Copyright Act (DMCA), we comply with the notice and takedown requirements of the DMCA. If we find allegedly infringing material on the Website or any other site controlled or maintained by Company, we may take steps to delete or disable access to that material. Notice responsibilities stated below are designed to ensure that Company’s rights and obligations under the DMCA, in particular Section 512(c), are met, but they do not represent legal advice. You may wish to consult with an attorney before delivering either a Notice of Infringing Material or a Counter-Notification to us so that you can better understand your rights and duties under the DMCA and other relevant laws.
If you suspect that someone is infringing your copyright by uploading infringing content (e.g., Uploaded Content) on the Website, you may email a report including the following information to the Designated DMCA Agent given below: If you believe that one‟s work has been infringed upon, please provide us with (a) reasonably sufficient details to allow us to identify the work claimed to be infringed upon or, if multiple works are claimed to have been infringed upon, a representative list of such works (for example, title, author, any registration or tracking number, URL); (b) reasonably sufficient detail to enable us to identify and locate the material that has been claimed to be infringing upon (for example,
If you suspect that someone is infringing your copyright by uploading infringing content (e.g., Uploaded Content) on the Website, you may email a report including the following information to the Designated DMCA Agent given below: If you think that your work has been encroached upon, please provide us with (a) reasonably adequate detail to enable us to identify the work claimed to be infringed upon or, if multiple works are claimed to have been infringed upon, a representative list of such works (for example, title, author, any registration or tracking number, URL); (b) reasonably sufficient detail to enable us to identify and locate the material that has been claimed to be infringing upon (for example,
Our policy may change at any time, and we may choose to allow users to submit messages, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials to the Website (hereinafter referred to as “submitting”). We reserve the right to prohibit users from submitting User Content at any time in our sole discretion. You maintain ownership of all rights, titles, and interests in your User Content, subject to the rights and licences you grant hereunder. We make no assurances as to the confidentiality of User Content, even if it is not made publicly available through the Website. User Content is subject to intellectual property rights protection, and it is completely your duty to monitor and defend any intellectual property rights that you may have in your User Content; we assume no responsibility in this regard.
If you upload any User Content that is protected by copyright, trademarks, patent, trade secret, moral right, or other intellectual property or proprietary right, you must obtain the express consent of the owner of the relevant right before doing so. You are fully responsible for any damage that results from your failure to get such consent, as well as for any other harm that results from User Content that you upload on this website.
You represent, warrant, and covenant that you will not upload any User Content that contains any of the following elements:
Furthermore, any behaviour by a user that, in our sole opinion, restricts or hinders any other user from using or enjoying the Website will not be authorised will not be permitted by us.
You automatically grant, or warrant that the holder of the User Content has explicitly granted, to us a world – wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicenseable, and transferable right and licence to use, reproduce, distribute, create derivative works based on (including without limitation translations), publicise, publicly perform, transmit, and publish the User Content (in whole or in part) in connection with such posting (whether in whole or in part). We may exercise this grant in any format, media, or technology now known or later developed for the duration of any copyright that may exist in such User Content. We may exercise this grant in any format, media, or technology now known or later developed. Furthermore, you grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based on, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial purposes in accordance with the functionality of the Website and these Terms of Use, as permitted by the functionality of the Website and these Terms of Use.
Additionally, by submitting User Content, you agree to grant us permission, but not the responsibility, to use your biographical details, including without limitation, your name and geographic location for the purpose of using your User Content in broadcast, print, online, and other uses or publications. However, you thus renounce any and all claims you may have now or in the future in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content, regardless of whether you have previously asserted such claims.
We retain the right to run adverts alongside your User Content and to make commercial use of your User Content. All of our distribution partners and third-party service providers’ websites and advertising networks may display your User Content, and you consent to this (including their downstream users).
Although we have the right to do so, we are not obligated to do so. At any time and for any reason, we reserve the right not to post, delete, or modify any user content.
At any time, we may make changes to the Website features, information, specifications, goods, and pricing shown on the Website. To make things easier, we’ve included certain weights, measurements, and other characteristics that are merely approximate. To the best of our ability, we present the qualities of our items, including the appropriate colours; nevertheless, we cannot guarantee that your computer system will correctly display these colours. Products and services shown on the website at one point in time do not guarantee their availability at any other point in time. Any item acquired on the Website must be used, sold, and possessed in accordance with all relevant local, state, federal, and international laws, including minimum age requirements. By placing an order, you certify that the items will only be used in accordance with the terms of their respective licences. Non-commercial usage is permitted for all videocassettes, DVDs, and similar items offered, but they may not be resold or reproduced.
Customers can choose to have their purchases sent to a specific location, as long as that location complies with Website shipping regulations. Each and every transaction you make from our website is covered by a shipping contract. Consequently, you assume all responsibility for things ordered from our website after they are sent to a shipping service. If your package is damaged or missing, you must contact the shipping company and file a claim.
Whenever possible, we make an effort to keep the content on this website up-to-date, accurate, and comprehensive. In spite of our best efforts, some information on the Website may be erroneous, incomplete, or out of date. It is impossible for us to guarantee that any information on the Website is comprehensive, accurate, or up-to-date. Certain items displayed on this website may not be available, may differ in description or price from what is stated on the website. In addition, we reserve the right to make unannounced adjustments to pricing and availability information.
Price correctness is a top priority for us, and we make every effort to assure it. We will amend any mistakes that are detected. Even after an order has been placed and confirmed, we have the right to rescind any advertised offer and correct any typographical mistakes or omissions, even if you have already paid with your credit card. The whole value of your transaction will be reimbursed if we uncover a price error after your credit card has been charged and your order is cancelled as a consequence. If your order is cancelled, you will be contacted via email and offered the chance to repurchase the item at the proper price. When the money is returned to your account, different bank policies may differ. Prices and availability are subject to change at any time, and we cannot guarantee that they will remain the same.
No matter how often we issue order confirmations, they do not create a binding agreement between us and the customer to purchase a product or service. We have the right to refuse service to any client and/or to limit the number of orders that can be placed for any product or service. In some cases, we may need to verify information before we accept or ship an order.
Any applicable warranties of the respective manufacturers, distributors, and suppliers, if any, apply to all products and services purchased on or via the website. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. However, we expressly disclaim any and all responsibility for product defects or failures, claims due to normal wear and tear, improper use or abuse of the product, modifications to the product, noncompliance with any codes, or misappropriation, without limitation. MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT CONSUMERS ARE NOT GUARANTEED. To the extent prohibited by law, the foregoing exclusions of implied warranties are not applicable. FOR ANY SUCH PROHIBITIONS, PLEASE REFER TO YOUR LOCAL LAWS.
Use of this site’s information for medical diagnosis or treatment, or for the prescription of medication or other treatments, is strictly prohibited!. Before taking any medication, nutritional, herbal, or homoeopathic supplement, starting any diet or exercise programme, or adopting any treatment for a health problem, you should speak with your physician or other healthcare professional, and carefully read all information provided on a product label or packaging. Your reaction to a thing may be vastly different from the reaction of other individuals to the same product because of your own unique personality.
Text messaging and other wireless devices, such as mobile phones, may be used by us to offer special promotions, services, news, programmes, and information. As part of the registration process or by using a wireless device, users must consent to receiving such information from us. Advertisers or other third parties supply these services and promotional possibilities. An online registration procedure requires a user’s phone number or wireless email, but only if requested, as well as the carrier’s name and phone number. For special promotions, a user’s preferences for goods or services, music or musicians, or other survey information may be sought as an option. A user’s Internet email address or other information may be gathered as part of a campaign, and depending on the information acquired, the user may be asked to affirm his or her acceptance to these Conditions of Use and the Privacy Policy.
Those who sign up for our wireless marketing services agree to be paid by the user’s wireless carrier for any messages delivered by us to the user’s cell phone. Unless otherwise stated, standard message charges will apply. If a user or someone with access to a user’s phone number or email address incurs any wireless email or text messaging expenses, we will not be held liable.
In any time and without prior notice to you, we may, at our sole discretion and without obligation to any user, cancel our offer of a specific wireless marketing service or all wireless marketing services. Termination or service modification notices may be published on this website.
This website may occasionally host competitions and sweepstakes, as well as other types of promotions, all of which are referred to together as “Promotions.” It is possible that the official regulations for a certain promotion may be publicised or otherwise made accessible to you, and these rules will be considered a part of this agreement for all reasons.
Neither the Company nor any of its parent companies or affiliates, subsidiaries, or successors or assigns will be liable to you (or any other entity) for any incidental, special, exemplary, punishment or consequential damages (including injury or emotional stress to you or any other affected persons and/or property, as well as the cost of procurement of substitutes) that may result from your or any other party’s breach of this agreement.
There is absolutely no guarantee. You agree to utilise the Services at your own risk if you choose to do so. Services are supplied “as is,” with no explicit or implied warranties. We further disclaim any warranties, express or implied, to the fullest extent permitted by law, including the implied implied warranties, fitness for a particular, title, and non-infringement. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
Links to Third Parties. Links to third-party websites and servers may appear on the Website and/or the Services in general. For your convenience, we’ve included these links. We have no control over these third-party websites and disclaim all liability for their content. There is no implied sponsorship or affiliation with the content of these sites by including hyperlinks to them.
User-generated content. Users and other parties that connect to the Uploaded Content are solely responsible for their own conduct, not ours.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Company and its affiliates and subsidiaries as well as their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages losses, and expenses (including, without limitation, reasonable legal and accounting fees), arising out of or in any way related to your use of the Services or your violation of these Terms.
As a consequence of this Agreement or your use of the Company’s services, there is no joint venture, partnership, employment, or agency relationship between you and the Company In no way, shape, or form are any of the provisions of these Terms intended to benefit anybody other than the parties to them.
The validity and enforceability of the remaining sections of these Terms will not be affected if any term of these Terms is found to be invalid or unenforceable.
We shall not waive any of our rights or obligations under these Terms unless we explicitly recognise and agree to do so in writing. There are no limitations on any party’s rights or remedies under these terms or otherwise authorised by law, save as clearly stated in these terms.
This Agreement and your rights and duties under it may not be assigned, transferred, or delegated without the Company’s prior written approval. Company may, with 30 days’ notice, freely assign, transfer, or delegate this Agreement and any of its rights and duties. Your ability to terminate this Agreement at any time is unaffected by this Agreement’s terms.
At any moment, we have the right to change our Terms of Use. The “Last Updated” date at the top of these Terms of Service will be updated if we make any modifications to these Terms of Service. If you don’t agree with the new Terms of Service, you can deactivate your account and end this agreement immediately. This means that if you do not cancel your Agreement before its effective date, you will be deemed to have accepted any and all changes to these terms.
Please email us at [email protected] if you have any issues regarding our Terms of Service.
Witney, Oxfordshire, OX28 4FF Witan Way
Phone: 01993 776038
Email: [email protected]
Copyright 2022 Pro-Trak Media, LLC, parent company of Muscle & Fitness. All rights reserved.