BLACK FRIDAY

Community Terms of Service

Terms of Use of Fitness Nation and Terms of Participation in Fitness Nation Promotions

A. Terms of Use for Use of Fitness Nation

1 Scope, Definitions

1.1 These Terms of Use of Fitness Nation GmbH, Bergstraße 18, 59394 Nordkirchen (hereinafter “Operator”) apply to the use of the online portal (hereinafter “Fitness Nation”) provided by the Operator at the Internet address www.fitness-nation.com and the content therein included software. The services provided by the operator are specified in more detail in Section 4.

1.2 User in the sense of these terms of use is the generic term for registered users and guests. Users within the meaning of these terms of use are exclusively consumers.

1.2.1 Registered users have read access to Fitness Nation and use certain technical functions.

1.2.2 Guests are users who only have read access to those parts of Fitness Nation that do not require registration.

1.2.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2 Authorization to Use

2.1 Eligible users are natural persons acting as consumers. Individuals with limited legal capacity (especially minors) may only use Fitness Nation with the consent of their legal representative. In this case, the operator reserves the right to make the use of Fitness Nation dependent on the submission of a written declaration of consent from the legal representative. By submitting their declaration of consent to these terms of use, the user confirms that they meet the aforementioned requirements when concluding the user contract.

2.2 Each user may only register once. His entitlement to use Fitness Nation is personal and non-transferrable.

3 Registration, conclusion of contract

3.1 With the successful registration or within the scope of the reading access as a guest, a contract of use is concluded between the operator and the user for the use of Fitness Nation under the validity of these terms of use.

3.2 After entering their data in the online form provided for this purpose, the user can register by clicking on the button that completes the registration process. The sending of the registration data represents the user’s offer to conclude the contract of use, which the operator can accept, but does not have to accept. The operator can accept the user’s offer within five days of receipt of the application by sending an electronic (e-mail) order confirmation or by activating the user account. If the operator does not accept the user’s contract offer within the aforementioned period, this is deemed to be a rejection of the offer.

3.3 The text of the contract is saved by the operator, but can no longer be accessed by the user via the operator’s website after he has submitted his contract declaration.

3.4 Before submitting his contractual declaration, the user can continuously correct his entries using the usual keyboard and mouse functions.

3.5 Only the German language is available for the conclusion of the contract.

3.6 The e-mail address serves to identify and personalize the user. The user must ensure that the e-mail address provided during online registration is correct so that the e-mails sent by the operator can be received at this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by the operator or by third parties commissioned with processing can be delivered.

3.7 The data requested during registration must be provided completely and correctly by the user. The user is obliged to keep this data (including e-mail addresses) up to date at all times. The transmitted data are generally not checked for correctness and completeness by the operator.

4 Operator performance

4.1 With Fitness Nation, the operator provides an online portal through which users can use the software provided by the operator to set and/or retrieve user profiles and to contact other users of the portal.

4.2 In order to use Fitness Nation, the operator enables the user to access his website and provides him with suitable software that remains on the operator’s server. The range of functions and the technical specifications of the software are described in more detail in the service description on the operator’s website. The operator is not responsible for establishing and maintaining the data connection between the user’s IT system and the operator’s server.

4.4 Fitness Nation is offered subject to availability. 100 percent availability is not technically feasible and the operator cannot therefore guarantee the user. However, the operator endeavors to keep the service available as constantly as possible. In particular, maintenance, security or capacity issues as well as events that are beyond the operator’s control (disruptions to public communication networks, power failures, etc.) can lead to disruptions or the temporary shutdown of the service. The operator will, as far as possible, carry out the maintenance work in off-peak times.

4.5 The software is updated by the operator at irregular intervals. Accordingly, the user only receives a right to use the software in the current version. The user, on the other hand, has no right to bring about a specific status of the software.

5 performance changes

5.1 The operator reserves the right to change the services offered or to offer different services, unless this is not reasonable for the user.

5.2 The operator also reserves the right to change the services offered or to offer different services,

  • insofar as he is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court judgment or an official decision directed against him;
  • to the extent that the respective change is necessary to close existing security gaps;
  • if the change is only beneficial to the user; or
  • if the change is of a purely technical or procedural nature without any significant impact on the user.

5.3 Changes that have only an insignificant impact on the functions of Fitness Nation do not represent changes in performance within the meaning of this clause. This applies in particular to changes of a purely graphic nature and the mere change in the arrangement of functions.

6 User Obligations, Responsibility for Content

6.1 Each user is solely responsible for the content of the information that he posts on Fitness Nation, in particular for its truthfulness and legal acceptability. The user assures that the data he has provided is true. The user shall ensure that the content posted by him does not violate these terms of use or applicable law. In particular, publication is prohibited

  • Content protected by copyright if there is no authorization to use it (e.g. photos that the photographer and/or a person depicted did not consent to being published on the Internet);
  • false statements of fact;
  • posts that aim to personally attack or defame other users;
  • racist, xenophobic, discriminatory or offensive content;
  • content harmful to young people;
  • Content glorifying violence;
  • of links to sites that do not comply with the statutory provisions or these Terms of Use.

6.2 The content posted on Fitness Nation can only be assigned to the respective user and does not reflect the views of the operator. The operator does not assume any liability for the correctness of the content. Each user is responsible for critically examining the truthfulness of content.

6.3 Users are generally liable for all activities that are carried out using their access, insofar as they are responsible for this.

6.4 The user is obliged not to use Fitness Nation in a way that adversely affects the availability of the portal (e.g. uploading large files, spam). Fitness Nation reserves the right to limit the amount of data uploaded to ensure the availability of the portal. If necessary, Fitness Nation will point out a restriction of data uploads in the context of the service description.

6.5 The user declares and assumes responsibility that he has the right to use the content used in his entries. In particular, he ensures that his entries do not infringe the rights of third parties, in particular copyright, trademark and personal rights as well as rights of a competition law nature.

6.6 The user is responsible for keeping the access data secret. He must ensure that they are not accessible to third parties. The user must inform the operator immediately if there are indications that his access is or was being used by third parties.

7 Objectionable Content Policy

Content or User which is Objectionable will be blocked from apps by moderators Objectionable Content includes, but is not limited to:

  • sexually explicit materials;
  • obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity;
  • content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
  • content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and
  • gambling, including without limitation, any online casino, sports books, bingo or poker.

8 Rights of the operator

8.1 If the user violates legal provisions or these terms of use, or if the operator has concrete indications of this, the operator is entitled without prior notice and further examination

  • to delete related entries of the user,
  • to change entries within the scope of the editing right in accordance with Section 10,
  • issue a warning
  • to block the user’s access temporarily or permanently, or
  • to take other necessary and appropriate measures.

Which measure the operator takes depends on the individual case and is at the discretion of the operator.

8.2 If a user is blocked, he may no longer use Fitness Nation and may not register again.

8.3 The operator expressly reserves the right to take legal action if the user violates statutory provisions or these Terms of Use.

9 Granting of rights of use by the operator

9.1 The operator grants the user a simple, revocable right limited to the duration of the contract of use to use the online portal provided by the operator and the software contained therein within the framework of these terms of use.

9.2 Without the written consent of the operator, the user is not permitted to make the content made available to third parties accessible. The user shall ensure that he does not allow third parties to circumvent access to Fitness Nation.

9.3 If the user seriously violates the agreed usage rights, the operator can terminate the granting of usage rights extraordinarily and block access to Fitness Nation. This requires an unsuccessful warning with a reasonable deadline by the operator.

9.4 The other legal and contractual regulations remain unaffected.

10 Granting of Rights of Use by the User

The operator is entitled to use content and information provided by users for the Fitness Nation website and for the Fitness Nation app or to have them used by third parties. The user grants the operator, free of charge and not exclusively and limited to the duration of the contract of use, the necessary rights of use, in particular the right to permanent provision and storage and to making them accessible to the public, the right of reproduction and publication as well as the right to edit and distribute and warrants to be entitled to this granting of rights of use.

11 Compensation

Fitness Nation is free for customers to use.

12 Release of Liability

The user exempts the operator from all claims that other users or other third parties assert against the operator due to violation of their rights due to content posted by the user or due to his other use of Fitness Nation. The user assumes the costs of the necessary legal defense, including all court and attorney fees, in a reasonable amount. This does not apply if the user is not responsible for the infringement. In the event of a claim by a third party, the user is obliged to provide the operator with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.

13 Liability of the operator

The operator is liable to the user for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

13.1 The operator is fully liable for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise agreed in this regard,
  • due to mandatory liability such as under the Product Liability Act.

13.2 If the operator negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the user can regularly rely.

13.3 Apart from that, liability on the part of the operator is excluded.

13.4 The above liability regulations also apply with regard to the liability of the operator for his vicarious agents and legal representatives.

14 Term, Termination

14.1 The contract of use is concluded for an indefinite period and can be terminated by the user at any time without observing a notice period and by the operator with a notice period of two weeks.

14.2 The right to extraordinary termination for good cause remains unaffected.

An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.

An important reason is in particular:

  • a significant violation of essential provisions of these Terms of Use, which is not remedied or committed repeatedly even after a deadline has been set and makes the continuation of the contractual relationship impossible or unreasonable;
  • the renewed registration during an ongoing blocking in accordance with Section 8.1.

14.3 Cancellations must be made in writing or in text form (e.g. by email).

15 Modification of Terms of Use

15.1 The operator reserves the right to change these terms of use at any time without giving reasons, unless this is not reasonable for the user. The operator will notify the user in writing of changes to the terms of use in good time. If the user does not object to the validity of the new terms of use within a period of four weeks after notification, the changed terms of use shall be deemed to have been accepted by the user. In the notification, the operator will inform the user of his right to object and the importance of the objection period. If the user objects to the changes within the aforementioned period, the contractual relationship continues to exist under the original conditions.

15.2 The operator also reserves the right to change these terms of use,

  • insofar as he is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court judgment or an official decision directed against him;
  • if it introduces additional, completely new services, services or service elements that require a service description in the terms of use, unless the previous usage relationship is adversely changed as a result;
  • if the change is only beneficial to the user; or
  • if the change is purely technical or procedural, unless it has a significant impact on the user. The operator also reserves the right

15.3 The user’s right of termination pursuant to Section 14 remains unaffected by this.

16 Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

B. Fitness Nation Promotion Terms and Conditions

1 Scope

1.1 These Conditions of Participation of Fitness Nation GmbH, Auf dem Hövellande 6, 44269 Dortmund (hereinafter “Organizer”) apply to the participation of consumers (hereinafter “Participants”) in Fitness Nation campaigns such as B. photo missions or video uploads (hereinafter “campaign”), which are organized via the organizer’s online portal at the Internet address www.fitness-nation.com (hereinafter “Fitness Nation”).

1.2 Promotions within the meaning of these conditions of participation are not connected to Facebook and are not carried out or sponsored by Facebook.

1.3 By participating in a campaign for the first time, the participant accepts the following conditions of participation as well as the conditions of use for the use of Fitness Nation in the current version.

Note: Apple Inc. / Google Inc. is not associated with or sponsors these contests.

2 Eligibility

Natural persons who act as consumers and who are at least 18 years old at the time of their participation are eligible to participate. Employees of the organizer and their relatives are excluded from participation.

3 Action Flow

Content will be rated by Fitness Nation users for the duration of a promotion. The selected content of the participants will be published on the Fitness Nation website and app as well as the Facebook fan page of the organizer. Participation takes place exclusively via the upload function on the organizer’s website at www.fitness-nation.com or directly via the Fitness Nation app. The participant whose content has the most positive ratings at the end of the campaign period wins. The duration of the campaign results from the description of the respective campaign on the website of the organizer at www.fitness-nation.com.

4 Granting of Right of Use

4.1 The participant agrees that his/her selected content may be published on the Fitness Nation Facebook page using the Fitness Nation username. The participant has no right to a specific time of publication. The participant grants the organizer all necessary rights of use to the content provided free of charge and assures that he/she is entitled to grant a corresponding right of use.

4.2 With regard to his general personal rights and his right to his own image, the participant also agrees to the free publication of the content submitted for participation, stating his name, for the purpose of reporting on the organization and implementation of the campaign by the organizer in the following media :

  • Website www.fitness-nation.com
  • Website www.instagram.com/fitnessnation_united
  • Print medium “fitness newspapers”.

5 Cancellation of the action

The organizer reserves the right to cancel the campaign in whole or in part at any time. This applies in particular if the campaign cannot be carried out properly for reasons for which the organizer is not responsible, such as force majeure, software and/or hardware errors and/or other technical and/or legal reasons, affecting the management, security, integrity and/or regular and proper conduct of the Promotion.

6 Privacy

The organizer will only collect, process and use the participant’s personal data to the extent required for the purpose of conducting the campaign. Otherwise, the data protection regulations of the organizer apply.

7 legal process

The legal process is excluded.