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TERMS & CONDITIONS

General Terms and Conditions for the Service Offer on https://gym-tv.net

General terms and conditions for product and services of GYM-TV.NET a registered traemark on https://gym-tv.net

Read the following terms and conditions before making use of services of gym-tv.net. These are the terms and conditions for the use of our online portal and the included services, functions, content and applications.

  1. Introduction

1.1. The GYM-TV.NET is the provider of an online portal that provides an interactive online offer with the aim to bring together sports and health-conscious individuals, personal trainers and companies from the areas of nutrition, health, fitness, sport and wellness and to create new opportunities for and between them.

1.2. The start of operation of the interactive online portal was in early April 2015.The full range of functions is now given. Errors and problems may still occur until the end of June

1.3. To use the full product and service range of www.gym-tv.net, a one-time registration is required (see section IV. Registration of the general Terms and Conditions).

1.4. Every membership is FREE. There’s no cost.

1.5. The aim of GYM-TV.NET is to convey fun of sports and to make a positive contribution to people’s health.

1.6. Your health is very important to us: Always consult a doctor regarding the condition of your sportsmanship and your health. GYM-TV.NET is in no way a substitute for medical advice, and assumes no responsibility for your actions. In addition, all content put on https://gym-tv.net (whether provided by GYM-TV.NET, partners or users available) are not an alternative to information provided by a doctor or pharmacist. Confirm your agreement to the Terms and conditions and that you are solely and exclusively responsible for your health as a user.

  1. Validity of the General Terms and Conditions

2.1. GYM-TV.NET offers the interactive online services on the basis of these General Terms and Conditions. By registering with https://gym-tv.net (.at, .de .ch) the user agrees to the validity of the terms and conditions of GYM-TV.NET.

2.2. The registration and use of the full spectrum of products and services, is not possible without explicit consent to these General Terms and Conditions.

2.3. These terms and conditions apply to all access points (subdomains, mobile access) for https://gym-tv.net products and services. In particular, the gym-tv.net online offer in the following domains: gym-tv.net, gym-tv.at, gym-tv.de, gym-tv.ch.

2.4. These terms and conditions, in the current version of 05.10.2015, are valid until further notice. GYM-TV.NET reserves the right to change the terms and conditions at any time. After such a change the approval of the user is required to continue the use of the offer of https://gym-tv.net. The current version of the Terms and Conditions is available on the website https://gym-tv.net.

2.5. Only the English version of these General Terms and Conditions shall be binding.

III. Contract

GYM-TV.NET currently offers its users the following applications and information in several languages on https://gym-tv.net to:

3.1. Internet platform name: https://gym-tv.net Sports Social Network

3.2. Personal profile page (Name: My Account) with personal data

3.3. Sports diary, including a clear representation of your sporting activities

3.4. Statistics, analysis, activity level (Bronze, Silver, Gold)

3.5. Email and Messaging system to exchange personal messages via chat between members

3.6. Events: Here you can find events of the users

3.7. Routes: Here you can view and edit the sports routes

3.8. Nutrition: cooking recipes, tips on nutrition and a calorie chart are displayed; calories can be deducted according to your daily activities and documented on your profile

3.9. Health and Fitness Tips

3:10. Online Shop: The online purchases made there are conducted via the company Wirecard and between the customer and the company Wirecard. No contractual relationship is established, All statements of the company Wirecard within the store are done in our name.

3:11. Contents (texts, images, videos) for health, nutrition, fitness and sports are provided by GYM-TV.NET

3:12. Status Messages

IV.Registration

4.1. To use the online portal of www.gym-tv.net, a one-time free registration is necessary. In https://gym-tv.net there are 3 user types available:

4.1.1. The PREMIUM, TRAINER and COMPANY memberships, in which the user can use comprehensive functions.

4.2. Only legally competent persons are allowed to register with https://gym-tv.net. Minors may only register with the express permission of their parents or guardians at https://gym-tv.net. A written consent shall be sent by mail to info@gym-tv.net.

4.4. Basically, there is only one way of registering:

4.4.1. Registration and registration form

4.4.1.1. Registration with https://gym-tv.net begins with an application form. The user has to fully and correctly specify the data requested (e.g. first name, last name, birthday) unless it is marked as optional information. The registration is only possible with the civil name (hence no phantasy names or pseudonyms).

4.4.1.2. After successful registration, the user can log in by entering username or e-mail address and the chosen password at https://gym-tv.net.

4.4.1.3. If the registration is not completed (e.g. due to lack of personal information or the lack of consent to these General Terms and Conditions) https://gym-tv.net will delete the (partially) activated user account within 2 days.

4.5. GYM-TV.NETreserves the right to reject users without giving reasons. The transmitted data will be deleted immediately in this case.

4.6. GYM-TV.NET assumes no responsibility regarding the actual identity of the users, since the identification of persons in the Internet is only partially possible. Every user has to investigate about the identity of another user before engaging in whatsoever common activities (e.g. adding as a friend, write chat messages) if he/she wishes to do so.

  1. Right of withdrawal

5.1. Right of withdrawal:
You can withdraw from the contract at any time.

Email: info@gym-tv.net

  1. Special Instructions
    Your rights expire prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of withdrawal.

6.1. The user has the right to terminate the use of the online service of https://gym-tv.de at any time. The desired termination must be sent to the email address info@gym-tv.net by the user from his profile account. The termination of the use needs to be confirmed once.

6.2. Furthermore, GYM-TV.NET reserves the right to exclude users from the https://.gym-tv.net network for an important reason (e.g. for gross infringements of the user requirements and the consequences of breaches of the obligations of the User according to these Terms and Conditions).

6.3. Upon completion of the use or the exclusion from the https://gym-tv.net network, all personal data (account) the user has specified during registration will be disabled. The data that the user has made public (e.g.  Routes, exercises, posted data) will be rendered anonymous at the end of use, i.e. it is made clear that this content is from a deleted user or it will be deleted.

6.4. In the event of termination of a user of https://gym-tv.net, all saved personal data will be permanently deleted at the user’s request. This requires a mail with a request for final deletion to info@gym-tv.net containing the Users email address provided by GYM-TV.NET.

VII. Obligations and behavior of the user

7.1. The user of the offer on www.gym-tv.net is obligated to:
7.1.1. truthfully indicate its registration information and keep it current, and is not allowed to pass it on to any third party.
7.1.2. save only content (photos, text, images, …), publish, transmit, and spread it only if he/she is authorized to do so, i.e. owns the exclusive rights or if the user is not the owner of the rights to a content posted by him, he issues a guarantee to GYM-TV.NET that it has all necessary rights, licenses, consents or the like to publish it. This also applies to copyright-protected content such as logos and trademarks. The responsibility for this content lies exclusively with the user.
7.1.3. In particular, it is forbidden to save racist, abusive, discriminating, defamatory, sexual, violent or other illegal content, to publish, transmit and distribute it.
7.1.4. not to send chain letters or messages to multiple people at once (spam).
7.1.5. not to take any disturbing interference within the  technical or electronic content of the https://gym-tv.net network, in particular hacking attempts, brute force attacks, planting of viruses / worms / Trojans and other disrupting attempts that could harm the software and hardware concern of www.gym-tv.net.

7.1.6. not to copy accessible data without the permission of the copyright holder, distribute and transmit or read them with technical aids (e.g., crawlers or bots).
7.2. The user of the online offer on www.gym-tv.net is obligated to:
7.2.1. send an e-mail to report discovered violations of the obligations listed above immediately to info@gym-tv.net.
7.2.2. carefully deal with the personal details and only allow such persons access to its own data, which are already in a close relationship.
7.2.3. secure important personal details externally (storage medium, hard drive, cloud) on a regular basis.GYM-TV.NET assumes no responsibility for lost or damaged data.

VIII. Penalties or consequences for breaches of the obligations by the user

8.1. To ensure the proper and reliable provision of services GYM-TV.NET will carry out or cause the following sanctions and consequences for violations of the obligations by the user.
8.2. The choice of the penalty depends on the purpose, impact and manner of the offense, while respecting their mutual interests. The following sanctions shall be possible:
8.2.1. warning
8.2.2. Deletion of Content
8.2.3. Temporary blocking of the user account
8.2.4. Exclusion (final blocking)
8.3. If a user is excluded from the www.gym-tv.net network, a user must not register again at https://gym-tv.net (.at, .co.uk, .ch).

9. Content created by users or rights to such content9.1. GYM-TV.NET allows its registered users to use the offered product and service portfolio in accordance with the legal provisions and the provisions of these terms and conditions, to us it, to upload content, save, publish, distribute, transmit, and to share it with other users.
9.2. The User agrees that he will be confronted with tailored offers and / or promotional messages through automatic evaluation of its usage behavior.
9.3. The user agrees that in the proximity of created content advertising can take place, which is marketed by GYM-TV.NET.

9.4. GYM-TV.NET is entitled to store content and pass it on to third parties, when required by law to do so in order to:
9.4.1. To fulfill legal regulations or judicial or administrative orders;
9.4.2. to ensure compliance with these Terms and Conditions;
9.4.3. to respond to claims or any infringement by third parties; or
9.4.4. to protect the rights, property, or personal safety of GYM-TV.NET, its users or the public.

9.5. The User grants GYM-TV.NET to all of his/her generated, transmitted, saved and published content an irrevocable, royalty-free, non-exclusive, but unlimited right. GYM-TV.NET is therefore entitled to all content regardless of the type of use on https://gym-tv.net as well as in connection with any other activity of GYM-TV.NET and its affiliates. This shall include the right to change and edit, unless thereby legitimate interests of the user are affected. The User grants GYM-TV.NET in this context a moral right. GYM-TV.NET does not claim ownership of content created on https://gym-tv.net and will not perceive an overnighting role.

9.6. GYM-TV.NET reserves the right to delete content created by users, such as routes, events or comments without giving reasons. In this case, the user shall be notified and, where appropriate, prosecuted for infringement of the these General Terms and Conditions.

9.7. GYM-TV.NET assumes no responsibility for inaccurate content created by users (e.g. route data information, information on events …).

10. Warranty exclusion and liability

10.1. GYM-TV.NET does not guarantee that the online services on https://gym-tv.de are constantly and completely free of errors or that the necessary hardware and software works without errors.
10.2. Warranty exclusion and liability does not guarantee that the data provided via other systems, in particular the Internet and telecommunications networks is not tracked, recorded or distorted by third parties.
10.3. The use of the offer of https://gym-tv.net by the user is entirely at the user’s own risk. This is fully applicable for

10.3.1. downloading own and other contents by the user; as well as
10.3.2. Any use of data by the users of GYM-TV.NET which was created or provided by the Thomas Kasal Fitness Community GmbH, including but not limited to, measured pulse values or altitude, or recommendations (e.g. health plans and related training plans). The user acknowledges that such data may be faulty and GYM-TV.NET does not assume, to the extent permitted by law, any responsibility for the accuracy of such data.

10.4. The use of any software or hardware of https://gym-tv.net by the user does not replace the consultation of a medical specialist by the user.
10.5. Furthermore, GYM-TV.NET provides no guarantee for external links, banners or other information and promotional offers that may be placed on the website. Legal transactions between the user and a third party (for example, via linked websites or banners) result in contractual relation exclusively between the user and the third party. GYM-TV.NET assumes no responsibility for third-party services.

10.6. Liability

10.6.1. GYM-TV.NET is liable under the existing legal provisions, regardless of the legal reason (precontractual, non-contractual) only when damage by GYM-TV.NET was caused by gross negligence or intent.
With regard to the injury to life, limb or health, GYM-TV.NET is also liable for a negligent breach of duty.
In case of negligence, GYM-TV.NET community is not liable to companies. A liability of GYM-TV.NET to companies for consequential damages, mere pecuniary losses, lost profits, damages resulting from claims of third parties is excluded.

10.6.2. Except for statutory liability cases neither GYM-TV.NET nor its affiliates can be held responsible for damages resulting from the use of the online content made available or other types of use of the online portal. This also applies to damages resulting from errors, problems, viruses or loss of data.

11. Indemnification by Users

11.1. The user indemnifies GYM-TV.NET from all claims by third parties due to injury of their rights by the content a user has uploaded or made available from within the https://gym-tv.net network. The user takes over the cost of legal defense of GYM-TV.NET, including all court costs and attorney fees at the statutory rate. This does not apply if the infringement is due to no fault of the user.

11.2. The user is obliged to immediately, truthfully and completely inform GYM-TV.NET in the event of third party claims and provide all his access to information needed for an examination of the claims and a defense. In addition, claims for damages from GYM-TV.NET against the user shall not be affected.

XII. Protection of Privacy

12.1. The data of the users of www.gym-tv.net is strictly confidential and will not be passed on to other users.
12.2. The Thomas Kasal Fitness Community GmbH assumes no responsibility for incomplete information provided by users.
12.3 There is no active disclosure of user information to third parties unless the user inputs the data itself by the use of the network to https://gym-tv.net on.

XIII. Other provisions

13.1. Amendments to the Generl Terms and Conditions
13.1.1 Amendments to these General Terms and Conditions require the consent of the user. If the user agrees does not agree to the changed Terms and Conditions, ihe/she cannot use the services on https://gym-tv.net from then on.
13.1.2. Amendments to the Terms and Conditions must be in writing. Verbal collateral agreements do not exist.
13.1.3. If any provision of these terms and conditions become invalid, the remaining terms and conditions remain unaffected.
13.2. Governing Law and Jurisdiction
13.2.1. These General Terms and Conditions and the entire legal relations and disputes between users and GYM-TV.NET are subject to German law.
13.2.2. The place of fulfillment and exclusive jurisdiction for any disputes is Berlin, Germany.
Last update: 26-11-2017

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