Privacy and Terms of Service
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Indoors Fitness, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your IndoorsFitness.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Indoors Fitness may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Indoors Fitness liability. You must immediately notify Indoors Fitness of any unauthorized uses of your blog, your account or any other breaches of security. Indoors Fitness will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Indoors Fitness or otherwise.
By submitting Content to Indoors Fitness for inclusion on your Website, you grant Indoors Fitness a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Indoors Fitness will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Indoors Fitness has the right (though not the obligation) to, in Indoors Fitness's sole discretion (i) refuse or remove any content that, in Indoors Fitness's reasonable opinion, violates any Indoors Fitness policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Indoors Fitness's sole discretion. Indoors Fitness will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Indoors Fitness the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Indoors Fitness before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Indoors Fitness in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Indoors Fitness the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Indoors Fitness reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Indoors Fitness.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Indoors Fitness to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free IndoorsFitness.com services. All support will be provided in accordance with Indoors Fitness standard services practices, procedures and policies.
- Responsibility of Website Visitors. Indoors Fitness has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Indoors Fitness does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Indoors Fitness disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which IndoorsFitness.com links, and that link to IndoorsFitness.com. Indoors Fitness does not have any control over those non-Indoors Fitness websites and webpages, and is not responsible for their contents or their use. By linking to a non-Indoors Fitness website or webpage, Indoors Fitness does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Indoors Fitness disclaims any responsibility for any harm resulting from your use of non-Indoors Fitness websites and webpages.
- Copyright Infringement and DMCA Policy. As Indoors Fitness asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by IndoorsFitness.com violates your copyright, you are encouraged to notify Indoors Fitness in accordance with Indoors Fitness's Digital Millennium Copyright Act ("DMCA") Policy. Indoors Fitness will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Indoors Fitness will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Indoors Fitness or others. In the case of such termination, Indoors Fitness will have no obligation to provide a refund of any amounts previously paid to Indoors Fitness.
- Intellectual Property. This Agreement does not transfer from Indoors Fitness to you any Indoors Fitness or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Indoors Fitness. Indoors Fitness, IndoorsFitness.com, the IndoorsFitness.com logo, and all other trademarks, service marks, graphics and logos used in connection with IndoorsFitness.com, or the Website are trademarks or registered trademarks of Indoors Fitness or Indoors Fitness's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Indoors Fitness or third-party trademarks.
- Advertisements. Indoors Fitness reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Indoors Fitness reserves the right to display attribution links such as 'Blog at IndoorsFitness.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Indoors Fitness reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Indoors Fitness may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Indoors Fitness may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your IndoorsFitness.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Indoors Fitness if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Indoors Fitness's notice to you thereof; provided that, Indoors Fitness can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Indoors Fitness and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Indoors Fitness nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Indoors Fitness, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Indoors Fitness under this agreement during the twelve (12) month period prior to the cause of action. Indoors Fitness shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Indoors Fitness, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Indoors Fitness and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Indoors Fitness, or by the posting by Indoors Fitness of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United KIngdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Preston, Lancashire. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Preston, Lancashire, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Indoors Fitness may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Indoors Fitness ("Indoors Fitness") operates IndoorsFitness.com and may operate other websites. It is Indoors Fitness's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Indoors Fitness collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Indoors Fitness's purpose in collecting non-personally identifying information is to better understand how Indoors Fitness's visitors use its website. From time to time, Indoors Fitness may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Indoors Fitness also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on IndoorsFitness.com blogs/sites. Indoors Fitness only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Indoors Fitness's websites choose to interact with Indoors Fitness in ways that require Indoors Fitness to gather personally-identifying information. The amount and type of information that Indoors Fitness gathers depends on the nature of the interaction. For example, we ask visitors who sign up at IndoorsFitness.com to provide a username and email address. Those who engage in transactions with Indoors Fitness are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Indoors Fitness collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Indoors Fitness. Indoors Fitness does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Indoors Fitness may collect statistics about the behavior of visitors to its websites. Indoors Fitness may display this information publicly or provide it to others. However, Indoors Fitness does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Indoors Fitness discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Indoors Fitness's behalf or to provide services available at Indoors Fitness's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Indoors Fitness's websites, you consent to the transfer of such information to them. Indoors Fitness will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Indoors Fitness discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Indoors Fitness believes in good faith that disclosure is reasonably necessary to protect the property or rights of Indoors Fitness, third parties or the public at large. If you are a registered user of an Indoors Fitness website and have supplied your email address, Indoors Fitness may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Indoors Fitness and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Indoors Fitness takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Indoors Fitness, or substantially all of its assets, were acquired, or in the unlikely event that Indoors Fitness goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Indoors Fitness may continue to use your personal information as set forth in this policy.
WHAT DO WE DO WITH YOUR PERSONAL DATA?
Main Uses of Your Data
This section of the Policy describes the things that we do with your data which relate directly to your use of the Site and our services. They are the things that we hope you would expect us to do with your information. We will use your information:
This section of the Policy describes the things that we do with your data that arise from our monitoring of the Site and the collection of your information whilst using the Site. We may use this information:
• to identify patterns that we can use in our marketing strategy and to help us develop, administer, support and improve our services and features and adverts;
• to conduct reviews that assist us in the improvement and optimization of our Site;
• to ensure that content from our Site is presented in the most effective manner for you and for your computer;
• to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
• as part of our efforts to keep our Site safe and secure.
We may combine technical information with other information that we have about you to help us with our processing of your information as described in this Policy.
Use of your data for marketing and communications
When you join a mailing list, which is not required to use the site, we may use personal information, like your email address, to provide marketing messages to you or allow us or third parties to communicate with you on third party services. We will always seek your consent before doing so and you can opt out of marketing and other communications at any time by LINK TO UNSUBSCRIBE FROM COMMUNICATION. You can always make use of the Site without having to agree to marketing. The types of things that we may do include:
• providing direct marketing advertisements and communications to you via email, text, post or telephone or via our selected third parties;
• making suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them;
• communicating with you on third party social media platforms and sharing your information with that social media platform;
• monitoring the effectiveness of our direct marketing communications and your responses to it.
WHO HAS ACCESS TO YOUR PERSONAL DATA?
We retain access to all personal information that we have collected from you or about you. Our product fulfillment company and email marketing companies also retain some of the data (for example your name and email are passed to our email marketing partner (EMAIL MARKETING SERVICE YOU USE) so we may send product confirmation and marketing emails).
When our service is available via the websites of our partners, those partners may have access to your information. We may also have links to other websites from our Site. We are not responsible for the content, security, privacy policies and practices of any other websites, even if you access them using links from this Site or if you can access this Site or use our services from them. We recommend that you check the policy of each website that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.
If our business is sold or merged, or if we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. We will make sure that any such transfer is done in a secure way.
If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass your information to them in order to deliver the service. By using this Site you consent to us providing your information to the third parties authorized by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) your information e.g. to complete partial addresses or to augment the information we hold about you. In either case, we will not pass your information to anyone who is not also subject to adequate privacy commitments in our contract with them and we will not allow the third party to use your information for marketing purposes without your consent.
We will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law or to obtain professional advice. We will retain your information for as long as is reasonable and necessary and no longer than permitted by law.
WHERE DO WE STORE YOUR PERSONAL DATA?
We maintain your data at the server of our internet service provider, our email marketing company, our offices and our product fulfillment centers.
If you leave a comment on this website that information is stored at our hosting company (SiteGround). That information includes your name, your avatar, your comment, the time you left the comment and your ISP address.
For any Europeans using the site, the data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or contractors. Territories outside of the EEA may not have equivalent legal protections to those that apply within the EEA but we are under a duty to make sure that our suppliers and contractors located outside of the EEA continue to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. By submitting your personal data to us, you agree to this transfer, storing or processing.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We follow strict security procedures to ensure that your personal information is not damaged, destroyed or disclosed to a third party without your permission and to prevent unauthorized access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties, we will require them to have in place similar measures to protect your information.
YOUR RIGHTS (GDPR LANGUAGE)
You have the right to use our Site without consenting to marketing and communication services that we provide. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. We always use the most recently submitted form to be your current consent status. If you are a registered user, but not signed in when you submit a form, we will not be able to use your saved settings so will deem your consent choice to be as per the form you submit at the time. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at CONTACT US ADDRESS.
You have the right to ask us not to process your personal data at any time.*
You have the right to ask us, at any time, to show you what data we’ve collected.
You have the right to fix any data we have that is incomplete or wrong.
The Data Protection Act 1998 (DPA) and the GDPR (in Europe) gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPA and GDPR.
*Asking us to not process your data does require us to delete your data, which is legally considered processing your data. So respectfully inform you that we’d have to do that one thing.
COOKIES AND TRACKING
Like many websites, we use “cookies” to enable us to personalize your visits to our Site, simplify the signing-in procedure, keep track of your preferences, for marketing purposes and to track the usage of our Site.
Like any business we like to see if our visitors come from Google, Facebook, another site in order to better manage the business. We use Google Analytics as our analytics package. When we login we can see which pages on this website visitors visited, the paths visitors took, where they came from and how they left. We can not see which website you visited after you leave us however. The only way we could narrow down the information to any one individual is if only one person was on this website that day, and we knew who that was.