MOVETogether Terms of Service

effective as of 1th of February 2020

 

MOVETogether´s Terms of Service Agreement explain the terms and conditions under which you are able to use services provided by MOVETogether. Please read carefully this Terms of Service document, and keep a copy of it for your reference. 

By accessing our Site, our services or accessing any content that is made available by MOVETogether you express your agreement to be legally bound by our Terms of Service stated in this document, so please read these Terms carefully before using our services as you entering into a binding contract with MOVETogether. If you do not agree with (or cannot comply with) the Terms and conditions set forth below, do not use or access our services.

By using our services or accessing our website you agree with our general Terms of Service and consent to our Privacy Policy. These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and MOVETogether. 

1. Definitions

The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service Agreement:

  • ‘Terms/Agreement’ refers to the latest version of this Terms of Service Agreement document;
  • ‘Site’ refers to the website of the MOVETogether;
  • ‘User/You’ refers to any person using our Services or accessing the Site;
  • ‘We/Us/MOVETogether refers to MOVETogether, the Site, and their developers and affiliates.
  • ‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users;
  • ‘Outside source’ refers to any application, website, natural or legal entity other than MOVETogether, the Site or their affiliates; 
  • ‘Content’ refers to all images, text, audio and video data or any other information located in the Site;
  • ‘Services’ refers to the functionality of the Site and advertising services provided by MOVETogether.
2. Use of the Services

Eligibility

Individuals must meet the minimum age requirement in order to use the services of the MOVETogether. If you are between 13 and 16 years of age you may only register under the supervision of a parent or legal guardian who agrees to be bound by our Privacy Policy. If you have at least 16 years of age to became a user and to accept these Terms of use independently. By using our Services, you confirm that you:

-  have full legal capacity to enter into a binding relation;

-  that you will provide true, accurate, and complete information where requested, and  

   information which is otherwise compatible with these Terms;

-  that you will not use Services contrary to these Terms or applicable laws. 

We may not control who uses the Site or the Services, so it is upon you to assess whether using the Site, or our Services is in compliance with any local laws and regulations. Whenever you are using our Site or Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Site, or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.

Registration

When registering at our Site, Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which result from information that is not true, accurate, current and complete. 

You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.

In order to register, you will need to provide us with the following information: your role (athlete, trainer, organization), your full name, date of birth, place of birth, address, e-mail address, password, photo, your organization details (type of organization, type of activity, TIN number, phone number), and consent to accept our Terms of Service and this Privacy Policy, which regulate how we treat your information. Only after completing the above steps will your application for registration be taken into consideration by our support team. This means that you will be asked to confirm your identity as User (athlete, trainer, organization). You may be asked to provide us with additional information during registration (verification ID), in order to confirm that your personal information are correct and to make sure that your photo ID matches the User’s. After we verify your registration we are deleting received ID as quickly as possible, without exception. If it is necessary to keep some part of your ID (for example photo) we will keep it on our server. Also, in order to become our User, we may ask you/you may to provide us with some form of certification proving that you are active in sport/ education certificate and other document/ certification/ letters/ newspaper articles/ photos etc.

If you are between 13 and 16 years of age, during the registration you will be asked to provide us with the consent of your parent/guardian.

After submitting the above information through the Site, you will receive an e-mail with the confirmation link that you need to click to complete the registration. 

Contact

When you provide us with your e-mail address, we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may opt-in to receive e-mails about news, promotions, special offers and or other topics of interest related to the MOVETogether and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in Promotional e-mails.

If you have any question or suggestion you can contact us at info@movetogether.net 

Acceptable Use Policy

You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Site and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following: 

- send or otherwise post unauthorized commercial communications (such as spam) through the Site;

- collect Site users content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

- upload viruses or other malicious code;

- bully, intimidate, or harass any other Site user;

- post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;

- harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;

- take any action creating a disproportionately large usage load on our Site unless expressly permitted by MOVETogether;

- create more than one account or share your account with anyone;

- create a profile with a false identity on our Site;

- use a picture that does not look like you on the profile page if you are athlete or trainer User;

- change the ad code without obtaining written permission from us;

- post or transmit content that is misleading; You may not promote, suggest, or link to any incentives that are not actually delivered upon ad-completion. Delivered content must be a full and accurate representation of the incentive promised prior.

- communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;

- encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the website 

- obscure the advertisements served by us;

- atempt to impersonate another person or entity;

- post or transmit hyperlinks to other websites that violate these Terms;

- facilitate or encourage any violation of these Terms of Service.

- Users are solely responsible for their own content and the consequences of making the content available to third-parties.

Intellectual property rights

The copyright and all intellectual property rights in this Site belong to MOVETogether or are used with appropriate permissions. It includes design, all database rights, trade marks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Site and other Content provided by MOVETogether. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site and its Content; distribute, transfer, sublicense, lease, lend or rent the Site or its Content to any third party; reverse engineer, decompile or disassemble the Site; or make the functionality of the Site available to multiple users through any means.

User Generated Content

If you post content on the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Site and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the content provider through their chosen username. Except before mentioned use of User Generated Content, you retain copyright and any other rights you already hold in content which you submit, post or display on or through the Site.

We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content on the Site, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Site and the Services at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the users or providing reasoning for such action. You recognize and concur that MOVETogether bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Site.

Notification of infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information to info@movetogether.net 

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

- A description of the copyrighted work or other intellectual property that you claim has been infringed;

- A description of where the material that you claim is infringing is located on the Site;

- Your name and e-mail address;

- A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, or the law; and

- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

3. Third Party Services

The Services may be made available or accessed in connection with third party services and content (including advertising) that MOVETogether does not control. You acknowledge that different Terms of Service and privacy policies may apply to your use of such third party services and content. MOVETogether does not endorse such third party services and content and in no event shall MOVETogether be responsible or liable for any products or services of such third party providers.

4. Indemnity 

You will indemnify and hold harmless MOVETogether, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

5. Limitation of liability  

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the MOVETogether service is to stop using the Site.

To the maximum extent permitted by applicable law MOVETogether, its employees, officers, shareholders, directors, agents, subsidiaries, affiliates, successors, suppliers, assigns or licensors shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use good-will, or other intangible losses, arising out of access or use or inability to access or use MOVETogether services, third party applications or third party application content, including without limitation any offensive or illegal conduct of other users of the Site, regardless of legal theory, even if MOVETogether has been advised of the possibility of those damages and even if remedy fails of its essential purpose

MOVETogether, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Site, or any errors, in or omissions from information in the Site. MOVETogether is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Site.

6. Changes   

MOVETogether may make changes or replace our Terms of Services Agreement at any time. We will post such changes, replacements and updates on the Site and such change, replacement and update to our Terms of Service Agreement will take effect immediately upon posting. You are consenting to keep yourself up to date with the latest posted Terms of Service Agreement and you accept and are bound by such change, replacement and update if you access or use our service after we have posted it in our site. The Terms of Service agreement applies regardless from which platform your access to our Site.

7. Governing Laws and Choice of Forum

This Agreement shall be governed by and construed under the laws of Federal Republic of Germany. You agree that if you have any dispute with MOVETogether you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts in the city of Federal Republic of Germany.

8. Final Provisions

If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision. 

In an effort to create our Site as secure as possible, we invite you to submit your comments and suggestions regarding the Terms & Privacy Policy. If you have any questions regarding the Terms & Privacy Policy, please contact us.

 

These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.