TERMS & CONDITIONS
Welcome to FitMediaPlayer!
These are the terms and conditions for:
· FitMediaPlayer App (Coming soon on Samsung TV store, Google Play, LG Content Store, Amazon Appstore and App store).
By using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refer to the FitMediaPlayer application and website as a whole, "we", "us", "our" and "FitMediaPlayer" refer to FitMediaPlayer and "you" and "user" refer to you, the user of FitMediaPlayer.
The following terms and conditions apply to your use of the platform, this includes the versions for Smart TVs, mobiles and tablets, as well as any other version of FitMediaPlayer accessible through other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICES FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of FitMediaPlayer. By registering and using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the platform and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the platform. You agree to be bound by any modifications to these terms and conditions when you use FitMediaPlayer after such modification is posted; therefore, it is important that you review this agreement regularly.
Use of the platform is prohibited for children under the age of 13. In the case of children under 18 and over 13, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available on the platform is appropriate for their child or minor in custody.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. FitMediaPlayer may, in its sole discretion, refuse to offer services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
By using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. ACCOUNT
When registering on the platform, the user must choose a password and may be asked for additional information such as email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify FitMediaPlayer of any unauthorised use of your password or account or any other breach of security. You may never use another user's account without FitMediaPlayer's prior authorisation. FitMediaPlayer will not be liable for any loss or damage arising from your breach of this agreement.
Users can cancel their accounts at any time and for any reason through their account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data transferred to FitMediaPlayer.
FitMediaPlayer reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if FitMediaPlayer believes that you have breached any of these terms, provided FitMediaPlayer with false or misleading information, or interfered with another's use of the Platform or the Service.
3. NOTIFICATIONS
By providing FitMediaPlayer with your email address, you agree that we may use your email address to send you notifications about FitMediaPlayer. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.
4. ACTIVATION FEE
Users can activate our platform through an activation fee. By paying the activation fee of the application, the user agrees to purchase the service for the price announced and indicated on the platform at the time of payment of the activation fee. If the user downloads the application for the first time, the user will be able to access a trial period for the purpose of using the platform for several days for free before paying the activation fee. The user can pay the activation fee at any time during the trial period. The user may cancel the trial period at any time before paying the activation fee. Please note that if you do not want to have any delays during activation, it is advisable to activate the platform before the trial version ends. Once the trial period has expired, you will lose the playlist on your device plus the server.
When a user pays the activation fee, FitMediaPlayer will send an email to the user in order to confirm the purchase and payment. This confirmation email will be produced automatically so that the user will have the invoice for the activation fee,
We reserve the right to limit our services on a regional or jurisdictional level. FitMediaPlayer may change or discontinue the availability of services at any time at its sole discretion.
5. SUBSCRIPTIONS
When a user purchases a subscription, FitMediaPlayer will send a confirmation email. This confirmation email will be produced automatically so that the user will have confirmation of the payment and the start of the subscription. If the user does not receive the confirmation email, it may have been sent to their spam folder.
FitMediaPlayer may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription purchase is cancelled, the payment made for the subscription will be refunded in the relevant billing period. This does not affect your statutory rights.
Subscriptions include automatic recurring payments. You authorise FitMediaPlayer to renew your subscription and to charge you periodically and progressively on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment. On the corresponding billing date, you will automatically be charged the corresponding subscription fee. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.
Subscriptions will automatically renew for an additional period unless cancelled prior to the next billing period. To cancel subscriptions, users must submit a cancellation request through our contact information and the subscription will be cancelled for the next billing period. If a subscription is cancelled, the user may continue to use the paid features of the subscription until the next billing period, at which time the subscription will be suspended until the user reactivates the subscription by paying the applicable activation or subscription fee.
6. PAYMENTS
The activation fee and subscriptions are payable through the following payment methods:
The platform will be activated upon payment of the activation fee. The subscription will be activated upon completion of the payment and registration process and will be charged on each billing date automatically. Once the transaction is processed, we will send an electronic receipt to the user's email address.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the Buyer service of the relevant payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. FitMediaPlayer reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the subscriptions.
7. DISCLAIMER
Do not pay the activation or subscription fee if you do not have any content or list of content with which you will use the platform. Please note that payment of the activation or subscription fee will not activate any content.
The user will be responsible for adding their own preferred content as activation of the platform will not activate any content. Please note that we cannot provide any information on where to get a working playlist even after activation.
By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of the use of the platform. You agree that FitMediaPlayer does not guarantee any results, benefits or failures as a result of your use of our platform. You acknowledge and agree that your ultimate success or failure to use the platform and the functionalities available on the platform will be the result of your own efforts, your particular situation and other circumstances beyond FitMediaPlayer's control.
8. LICENSE TO USE THE PLATFORM
FitMediaPlayer grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform that FitMediaPlayer provides to you as part of the services for the sole and exclusive purpose of allowing users to save, upload and view their own lists of content on the platform. This license is for the sole purpose of allowing you to use and enjoy the benefits of the services provided by FitMediaPlayer, in the manner permitted by these terms. You may not copy, modify, distribute, sell or rent any part of our services or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or you have our written permission.
You agree not to use the platform and services in a negligent, fraudulent or unlawful manner. You also agree not to engage in any conduct or action that may damage the image, interests or rights of the FitMediaPlayer platform or third parties.
FitMediaPlayer reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if FitMediaPlayer believes that the User has violated any of these terms or has interfered with the use of the platform or the service by others.
9. COPYRIGHT
All FitMediaPlayer materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by FitMediaPlayer or by third parties who have licensed or provided their material to the platform. You acknowledge and agree that all FitMediaPlayer Materials are made available for your limited, non-commercial, personal use. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express permission of FitMediaPlayer. You may not add to, delete, distort or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security feature, or to use FitMediaPlayer or any portion of the material for any purpose other than its intended purpose is strictly prohibited.
10. COPYRIGHT INFRINGEMENT
FitMediaPlayer will respond to all inquiries, complaints and claims relating to the alleged infringement by breach or violation of the provisions contained in the European and international laws and regulations on copyright and intellectual property. FitMediaPlayer respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the FitMediaPlayer website infringes your copyright or other intellectual property rights, please submit your request through our contact information, with the following information:
· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement of ownership of the work should be included.
· A statement that specifically identifies the location of the infringing material, in sufficient detail so that FitMediaPlayer can find it on the platform.
· Your name, address, telephone number and email address.
· A statement by you that you have a good faith belief that use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or the law.
· A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
· An electronic or physical signature of the copyright owner or the person authorised to act on the copyright owner's behalf.
11. USER CONTENT
Some features of the platform allow users to upload and save content as their content lists. The user retains any rights they may have to the content they upload to the platform in cases where the user is the owner of the content or has any rights to such content. FitMediaPlayer is not responsible for the accuracy, safety or legality of the content that the user provides and stores on the platform. Users are solely and exclusively responsible for their content. FitMediaPlayer, nor its directors, agents, employees and partners shall have any liability whatsoever for the content shared by users on the platform.
By providing content through the platform, the user grants FitMediaPlayer a worldwide, non-exclusive, royalty-free, fully paid-up right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce and modify for the purpose of uploading, displaying and saving the content on the platform.
12. USER CONTENT DISCLAIMER
We have no obligation to edit or monitor user content and will not be in any way responsible for user content. FitMediaPlayer may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against FitMediaPlayer with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, FitMediaPlayer does not permit copyright-infringing activities on the service.
13. PERSONAL INFORMATION
Any personal information you provide in connection with your use of the platform will be used in accordance with our privacy policy. Please refer to our privacy policy.
14. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is owned by FitMediaPlayer or licensed to FitMediaPlayer by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
· Using the services or content for any commercial purpose, outside the scope of the commercial purposes explicitly permitted in this agreement and related guidelines made available by FitMediaPlayer.
· Access, monitor, reproduce, distribute, transmit, broadcast, stream, display, sell, license, copy or otherwise exploit any content of the services, including, but not limited to, the use of any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
· Violate the restrictions of any robot exclusion header on the platform or circumvent or circumvent other measures employed to prevent or limit access to the platform.
· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
· Establish a deep link to any part of the platform for any purpose without our express written permission.
· Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by FitMediaPlayer.
· Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict the use or copying of any content.
15. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, FitMediaPlayer provides and maintains the platform on an "as is," "as available" basis and does not promise that use of the platform will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely for your convenience and we are not responsible for the content of those websites.
Except as provided above, we cannot provide any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be liable for any breach of these terms by you and, if you use the platform in breach of these terms, you shall be liable for and shall reimburse FitMediaPlayer for any loss or damage caused as a result.
FitMediaPlayer shall not be liable for any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or uncontrollable natural events.
These conditions do not affect your statutory rights as a consumer, which are available to you.
Subject to the foregoing, and to the maximum extent permitted by law, FitMediaPlayer excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem which you notify FitMediaPlayer of, and FitMediaPlayer shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
· Any incorrect or inaccurate information on the platform.
· Infringement by any person of any Intellectual Property Rights of any third party caused by your use of the platform.
· Any loss or damage resulting from your use of or inability to use the platform or resulting from unauthorised access to or alteration of your transmissions or data in circumstances beyond our control.
· Any loss of profits, wasted expenditure, corruption or destruction of data or any other loss that does not arise directly from something we have done wrong.
· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content on the platform or by transmissions through e-mails or attachments received from FitMediaPlayer.
· All representations, warranties, conditions and other terms that would, but for this notice, be in effect.
16. ELECTRONIC COMMUNICATIONS
FitMediaPlayer will not accept any liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorised human act, including any error or mistake.
17. INDEMNIFICATION
You agree to defend and indemnify FitMediaPlayer from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
· Your breach of this Agreement or the documents referenced herein.
· Your violation of any law or the rights of a third party.
· Your use of the FitMediaPlayer platform.
18. CHANGES AND TERMINATION
We may change the platform and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
19. ASSIGNMENT
This agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by FitMediaPlayer without restriction.
20. INTEGRATION CLAUSE
This agreement, together with the privacy policy and any other legal notices posted by FitMediaPlayer, shall constitute the entire agreement between you and FitMediaPlayer and shall govern your use of the platform.
21. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between you and FitMediaPlayer, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with your use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. FitMediaPlayer may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue the dispute process, you must initiate the dispute resolution process before an accredited arbitration organisation and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
The courts of Austria, shall have jurisdiction over any dispute, controversy or claim relating to FitMediaPlayer and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Austria.
22. FINAL PROVISIONS
These terms and conditions are governed by the laws of Austria. Use of the FitMediaPlayer platform is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or collected by us in connection with such use.
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
23. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or by using the contact information below:
FitMediaPlayer.