1. Acceptance of Terms
In order to utilize certain functionality of the Site, you may be required to complete a registration process. If applicable, as a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Company of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Company from any loss or damage arising from unauthorized use of your password or user name.If applicable, by registering, you consent to the collection of your data, including, without limitation, Registration Data, by Company and processing of such data by Company in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
3. Intellectual Property Issues
The Site is owned by Company. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Company. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws of the United States, you agree:
A. That you may only download Content that Company designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
B. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), commercially exploit or sell any Content without specific written authorization from Company, unless and to the extent such use is pursuant to the Fair Use of Content section of this agreement (below, in Section 4).
C. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
D. To refrain from framing or mirroring any portion of the Site.
E. By uploading material, posting comments, or providing other content to the Site (“User Content”), you grant Company (which includes its subsidiaries, affiliates, joint venturers, and licensees) the a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content (including, without limitation, your name and likeness if part of the User Content), in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with Company Products. Company may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such Company Products. A Company Product is defined as “a product (including printed material and publications) of Company, a subsidiary, affiliate, joint venturer, or licensee of Company, in any language, over which Company has “Editorial Control.” For the purposes of this Agreement, “Editorial Control” means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the Company Product. You also agree that Company may make User Content available to users of the Site who may display and redistribute it in the same way that Company makes all other Content available.
F. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Company’s designated agent the following information:
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ii. A description of the copyrighted work that you claim has been infringed;
iii. A description of where the material that you claim is infringing is located on the Site;
iv. Your address, telephone number, and e-mail address;
v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
4. Fair Use of Content
Content designated as available for download may be accessed and used pursuant to this section for educational purposes, non-profit educational purposes, and public educational purposes that are journalistic in nature. Users for such limited purposes are authorized to download, print, reproduce, and distribute excerpts of such Content as may be beneficial for use in furthering the user’s educational objectives. This authorization extends only as far as is necessary to directly benefit students or members of the public who are exposed to such content for the purpose of education, and is limited to excerpts, not wholesale duplication, and provided also that the source and authorship of the original content is prominently displayed (e.g. “the following excerpt was downloaded from the Website of MOVE PRESS, LLC, www.pelotonmagazine.com on ______[date]”). Content subject to this Section may not be disseminated beyond the user’s particular educational objective and may under no circumstances be used on products or for any commercial purpose. Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.
You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to Company in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.
You agree that Company’s sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered.
IN NO EVENT SHALL COMPANY, ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE.
All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.
6. Liability and Warranties
The Site and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content. Although Company does not routinely monitor the postings to the Site, Company reserves the right (but assumes no obligation) to delet, move, or edit any User Content that comes to its attention that Company considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Company, restricts or inhibits any other user from using or enjoying the Site will not be permitted.
Company reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any of the copyright or trademark laws of the United States. The Site may provide, or third parties may provide, links to other sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
7. User Conduct
You agree (a) to make no use of the Site that would interfere with or disrupt the Site or servers or networks connected to the Site, (b) submit no User Content (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and (c) neither circumvent nor disable any security or data-protection measures implemented by Company.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Company; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
9. General Terms
This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of California, without regard to its conflict of laws provisions, and you agree that the applicable court shall award all costs of suit and reasonable attorneys’ fees to the successful party.
Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If Company is obligated to go to court to enforce any of its rights, you agree to reimburse Company for its respective legal fees, costs, and disbursements if Company is successful.
These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between Company and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Company may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.