Terms and Conditions:
Let's 2015 Mobile Application ("the App")
* By downloading this App you are agreeing to the terms and conditions below.
* Registered users will be allowed to choose a challenge on the App within the challenge period, which will run until the end of 2015.
* By choosing a challenge on the App you will have to option to post your challenge and motivational messages to social media.
* You agree to receiving motivational messages via push notifications in the App which will be based on the challenge you have selected and the time and day you have chosen to receive the motivational messages.
* Should you not choose a challenge, you will receive motivational messages that will be randomly rotated.
* Motivational messages will be pre-set and will offer you the option to change the message and/or the picture associated therewith.
* Should Virgin Active however be of the opinion (in their sole discretion) that any motivational messages and/or pictures are inappropriate they will have the option to remove same.
* Any and all opinions or comments expressed by users via the App do not necessarily represent the opinions or views of Virgin Active.
* You will also be able to create your own motivational message subject to a character limit.
* You will be able to select the days and times on which you will receive the motivational messages.
* Challenges and motivational messages received will be placed in your phone's gallery. Should the user create their own motivational messages and/or pictures, Virgin Active will have the right to use these messages and/or pictures for marketing purposes.
This App and all associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photo's, sounds, music, videos, information, content, materials, products, services, URL's, technology, documentation and interactive user features included with or available through this application and all intellectual property rights to the same are owned by Virgin Active, their licensors or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in this App are owned by Virgin Active, their licensors, or identified third parties. Except for the limited use rights granted in these Terms and Conditions, you shall not acquire any right, title or interest in the services or any service content associated with this App. Any rights not expressly granted in these Terms and Conditions are expressly reserved.
The services provided with and associated with this App are provided for your personal, non-commercial use only. In all instances, our services are not being sold to you and you are rather being granted limited permission to use our services.
In order to access or use some or all features of this App, you may have to become a registered user. If you are under the age of eighteen, please obtain the prior consent of your parent or legal guardian.
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through the App for use or display to others (collectively, "submit") messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). We do not guarantee any confidentiality with respect to User Content even if it is not published through this App. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; (vi) contains a formula, instruction, or advice that could cause harm or injury; or (vii) is a chain letter of any kind. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our services or the App will not be permitted. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
We provide our services including, without limitation, the content of the App for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through the App for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the App. Under no circumstances will we be liable for any loss or damage caused by your reliance on any part of the content of the App.
You agree to indemnify and hold us harmless as well as our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of this App; (ii) User Content provided by you or through use of this App or your Virgin Active membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
You expressly agree the use of this App and our services is at your sole risk. This App and any Service Content (including software) are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, Virgin Active disclaims any and all warranties, including any: (1) warranties that this App or our services will meet your requirements; (2) warranties concerning the availability, accuracy, security, usefulness, timelines, or informational content of this App or Service Content; (3) warranties of title, non-infringement, merchantability, or fitness of a particular purpose; (4) warranties for services or goods received through or advertised or accessed through the App; (5) warranties concerning the accuracy or reliability of the results that may be obtained from the use of the App; (6) warranties that the use of the App will be secure or uninterrupted; and (7) warranties that errors in our services or Service Content (including software) will be corrected.
Under no circumstances shall Virgin Active or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be liable for indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with the use of this App or these Terms and Conditions.
We reserve the right in our sole discretion and at any time to terminate or suspend your use of this App for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms and Conditions. You agree that Virgin Active is not liable to you or any third party for any termination or suspension of your use of this App or for blocking your use of the App.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the use of this App by users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the App or to modify these Terms and Conditions. Modifications to these Terms and Conditions or additional terms will be effective immediately upon notice, either by posting on Virgin Active's website, notification by email or through any of our applications. It is your responsibility to review the Terms and Conditions from time to time for any changes or additional terms. Your access and use of the App following any modification of these Terms and Conditions or the provision of additional terms will signify your assent to and acceptance of the same.