Terms of Service

 

 

Last Modified: February 23, 2017

Acceptance of the Terms of Use

Welcome to SISSFIT ("SissFit", "we" or "us").  SISSFIT is a fun and interactive platform that allows users to make and take different kinds of quizzes (“Quizzes”).  The following terms and conditions, together with any documents expressly incorporated by reference (collectively "Terms of Use"), govern your access to and use of Sissfit.com, including any content, functionality and services (the “Services”) offered on or through Sissfit.com (the "Website").

Please read the Terms of Use carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at, http://www.sissfit.com/privacy-policy/, which are incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.

Only persons 13 years of age or older are able to use SISSFIT Service unless otherwise provided below.  If you are age 13 through 17, you may use the Service if a parent or legal guardian agrees to be bound by these Terms of Use. If you are a parent or guardian agreeing to these Terms of Use for the benefit of a minor age 13 though 17, be advised that you are fully responsible for his or her use of the Service and any and all legal liability that he or she may incur. 

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Service thereafter. We will also send notice of material modifications via email if you have created a SISSFIT Master Account. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes.

 

Accessing the Service and Account Security

We reserve the right to withdraw or amend the Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service or the entire Service in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details such as a username, email, and password. You agree that all information you provide to register with the Service, is governed by our Privacy Policy found at http://www.sissfit.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat your login account information confidential.  Supervisors may not share login account information for Master Accounts with children who have Sub-Accounts and must be logged in for the child to use the Sub-Account. You agree to notify us immediately of any unauthorized access to or use of your login information or any other breach of security.

 

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local or international law or regulation or these Terms of Use.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors or children in any way, including without limitation, by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit or attempt to transmit the sending of any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm SISSFIT or users of the Service or expose them to liability. 
  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.
  • Use any robot, spider or other automatic device, process or means to access the Service for any purpose.
  •  Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or otherwise attack or interfere with the Service.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.

 

SISSFIT Intellectual Property

The Service and its entire contents, features, functionality, and design are owned by SISSFIT, LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  You continue to own any User Contributions submitted by you and agree to license the User Contributions to SISSFIT as described below. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by SISSFIT.

These Terms of Use permit you to use the Service for your personal, non-commercial use only and solely in accordance with these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as is incidental to your accessing and viewing those materials solely as provided herein, including without limitation, deleting or altering any copyright, trademark or other proprietary rights notices from copies of materials from the Service.

The SISSFIT name, the terms SISSFIT, and all related names, logos, product and service names, designs and slogans are trademarks of SISSFIT or its affiliates or licensors. You must not use such marks without the prior written permission of SISSFIT. All other names, logos, product and service names, designs and slogans within the Service are the trademarks of their respective owners. 

If you wish to make any use of material on the Service other than that set out in this section, please contact: support@sissfit.com

 

User Contributions and Licenses

The Service may contain message boards, personal profiles, forums, or platforms to share fitness tips or before and after photos, and other features that allow users to post, submit, publish, display or transmit content, materials and information (collectively, "User Contributions") on or through the Service.  You represent and warrant that all User Contributions comply with these Terms of Use. 

Except as otherwise provided herein, by posting or otherwise transmitting any User Contribution in connection with the Service, you grant to SISSFIT and our affiliates, respective licensees, successors and assigns the non-exclusive right to use, reproduce, modify, perform, display, and distribute the User Contributions for any purpose.   

 

User Contribution Content Standards

            These content standards apply to any and all User Contributions and use of the Service. User Contributions must comply with all applicable federal, state, local and international laws and regulations. You are responsible for any User Contributions you submit or contribute to, and you, not SISSFIT, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us. 

Without limiting the foregoing, you represent and warrant that User Contributions do not and will not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe on any third party rights, including without limitation intellectual property rights, rights of publicity and privacy, contract rights, or otherwise constitute defamation or otherwise contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
  • Be likely to deceive any person;
  •  Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  •  Impersonate SISSFIT, employees of SISSFIT, or any other person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Reliance on Information Posted

The User Contributions and any other information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The information in the User Contributions do not necessarily reflect the opinion of SISSFIT. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Information About You and Your Visits to the Service

All information we collect on the Service is subject to our Privacy Policy found at www.sissfit.com/privacypolicy.html. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions

Some features of the Service may require payment.  All purchases through our site are made through a third party payment provider and you agree to adhere to such third party terms and conditions.

 

Links to Our Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party services linked to  the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

 

Disclaimer of Warranties

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. SISSFIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SISSFIT NOR ANY PERSON ASSOCIATED WITH SISSFIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, NON-INFRINGEMENT, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE, OR ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SERVICE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

IN NO EVENT WILL SISSFIT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICE, ANY CONTENT ON THE SERVICE, OR ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  UNDER NO CIRCUMSTANCES SHALL SISSFIT’S TOTAL LIABILITY UNDER THIS AGREEEMENT EXCEED THE AMOUNT PAID BY YOU TO SISSFIT, IF ANY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless SISSFIT, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including but not limited to your User Contributions, and any negligence, misconduct, or criminal activity by you.

 

Enforcement; Termination

We have the right to:

  • Remove or take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use or could create liability for SISSFIT.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

            You have the right to terminate your account at any time.  Upon termination of your account, your User Contributions and account information will no longer be available for viewing or use and may not be recoverable at a later time.

 

Governing Law and Jurisdiction

All matters relating to the Service, these Terms of Use, and Privacy Policy, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, Privacy Policy or the Service shall be instituted exclusively in the federal or state courts located in the County of Orange, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, PRIVACY POLICY OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of any term or condition shall be effective unless signed by the waiving party.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, including the Content Standards and our Privacy Policy, constitute the sole and entire agreement between you and SISSFIT with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

 

Your Comments and Concerns

All other feedback, comments and other communications relating to the Service should be directed to: support@sissfit.com.

Thank you for visiting the Service.