Fitness apps – terms and conditions

Terms of Service for fitness applications

Last updated 25th February 2016

Thank you for downloading one of our applications! Please read this carefully before using it.

These Terms of Use (“Terms”) set out important information regarding your rights, obligations and the restrictions that may apply when you use any Two Way Media mobile or TV fitness application (“Application”).

These Terms govern the relationship between you and Two Way Media Limited when you access and use our Services. Any reference to “you” or “your”, means you as user of the Application, any reference to “we”, “us”, “our” or “TWM” is to Two Way Media Limited.

We recommend that you read these Terms carefully before using the Application. By accessing and continuing to use the Application, you agree to be legally bound by these Terms. If you do not agree with the Terms your only remedy is to discontinue your use of the Application. You agree to abide by the intellectual property laws and all of the terms and conditions of these Terms.

You represent that you are 18 years old or older.

IMPORTANT DISCLAIMER: Before participating in any exercise program, please consult your doctor. Do not use this exercise program if you are pregnant, injured or have a medical condition or are over the age of 65.

To reap the benefits of this program, it’s important that you honor your personal abilities and limitations.

If you feel any pain or discomfort while practicing, ease back or stop altogether. If you’re unsure of your ability, consult a doctor before beginning.

The program doesn’t provide medical guidance, but relies on you listening to your body, moving mindfully and respecting your capabilities.

The creators, producers and distributors of this program do not accept any responsibility for any injury or accident incurred as a result of following the exercises in this program.

Subject to the terms of these Terms, TWM grants to you a limited, non-exclusive, non-transferable, revocable, limited scope license, without right to sub-license, to use the Application for the purpose of viewing and using the Application and the content within in accordance with this Agreement.

This Application contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble, decompile, display, transmit or sell, in any form or by any means, the Application. Nor can you create any derivative works or other works that are based upon or derived from the Application in whole or in part, and any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited.

All materials that are part of the Application (including, but not limited to, designs, text, graphics, applications, software, music, sound, video and other files) are protected by law from unauthorized use. Copyright law and international copyright treaty provisions protect the entire contents of the Application.

All intellectual property rights in the Application shall remain at all times the sole and exclusive property of TWM or its licensors.

Your access to the Application shall be subject to a regular subscription payment, which will continue monthly until terminated. Unless you cancel your subscription before your renewal date you authorise us and/or our payment provider to charge the next month’s subscription fee.

Your subscription may start with a free trial, which will be notified to your during sign-up.  We will collect your monthly subscription fee at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period.

Your subscription payment will be billed on a monthly basis on the calendar day corresponding with the date of commencement of your paid subscription. If a payment is not successfully settled we may suspend your access to the Application or its content until we receive valid payment.

You can cancel your subscription at any time. We do not provide refunds for partial month subscription periods. To cancel, go to your Amazon account page and select Your Account -> Your Apps and Devices -> Your Subscriptions, and cancel your subscription to the Application there. No refunds will be given, except in our sole and absolute discretion.

We may change our subscription rates from time to time.

Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Application, you have no right or title in the Application or any of the content within. You agree not to use the Application for public performances.

Two Way Media has the absolute right to manage, regulate, control, modify and/or eliminate video content as it sees fit in its sole discretion, and Two Way Media shall have no liability to You for the exercise of such rights.

You shall use the Application in compliance with all applicable laws and not for any unlawful purpose. The terms of use of the app storefront that you used to download the Application also apply to your use of the Application. Without limiting the foregoing, use, display or distribution of the Application together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Use of the Application is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on this link.

You agree that your use of the Application shall be at your own risk. The Application is provided on an ‘as is’ and ‘as available’ basis. The quality of the display of video content within the Application varies from device to device and is subject to the quality of the internet connectivity to the device. you are responsible for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges.

To the fullest extent permitted by law, TWM, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Application and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness.

We make no representation or warranty promise the Application will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition and expressly exclude all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. We assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Application, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Application, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application by any third party, or (vi) in the event that all or any part of the Application is discontinued, modified or changed in any way.

In no event (including, without limitation, in the event of negligence) will TWM, its officers, directors, employees, and agents be liable for any consequential, incidental, direct, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Application or the use or inability to use the Application for the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory, whether or not TWM has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You will indemnify, hold harmless, and defend TWM, its officers, directors, employees, and agents against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Application.

These Terms are available in English only and shall be governed by and construed in accordance with the laws of England. Disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.

TWM reserves the right at its sole discretion to amend these Terms at any time, and it is your responsibility to review these Terms for any changes. We will notify any change at the top of these Terms. Your use of the Application following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

Copyright © 2016 Two Way Media Limited