TERMS AND CONDITIONS OF USE
Date of last revision: August 24, 2018
Welcome to CadenceVR.com and its affiliated websites-CadenceVR.com, CadenceVR.com Desktop, Mobile and Tablet application, PowerTap Mobile -(collectively “CadenceVR.com,” “We,” “Us,” or “Our”).
CadenceVR.com offers a variety of online geo-mapping applications, fitness tools and calculators, mobile device applications, social networking components-including but not limited to, intra-website message services, discussion forums, community groups, personal profile pages-other fitness and health related products and services, and select promotional offers (collectively, the “Services”).
The Producer is CadenceVR.com VOF, is a general partnership under Dutch law with the Dutch Commerce and Companies Agency.
On our internet websites, mobile and desktop applications, CadenceVR.com offers services that help you to make your sport experience more fun.
All services are rendered to and accessed by you via the internet by use of an applicable device (pc, mobile phone etc.) of your own choice.
These terms and conditions and all services provided are rendered to you under and in accordance with Dutch law.
AGREEMENT TO CADENCEVR.COM TERMS AND CONDITIONS OF USE
Subscribers, customers, users, third parties acting on behalf of users, or others who download, use, purchase, subscribe, aggregate CadenceVR.com data, information, or Content available on or via CadenceVR.com affiliated websites, or otherwise interface with or access the CadenceVR.com affiliated websites or Services (collectively or individually “You” “User” or “Users”) must do so under the following CadenceVR.com Terms and Conditions of Use (“Terms and Conditions of Use).
Before using any of the services, please read carefully the following terms and conditions of use. by accessing, browsing and/or using the services, a user acknowledges that he or she has read, understood, and agrees to be bound by all consents and disclosures set forth in the cadencevr.com registration process (and hereby incorporated herein by this reference), all of the following terms and conditions of use, including any future modifications to the cadencevr.com terms and conditions of use, and identified affiliated agreements, guidelines and policies (collectively, the “agreement”). if a user does not consent to the agreement, then cadencevr.com requires that such user cease using the services.
By using cadencevr.com or the services, a user therefore agrees, represents and warrants that he or she has received consent from his or her physician to participate in any programs, workouts, exercises, or any other fitness or health related activity provided by cadencevr.com or displayed as content on its affiliated websites.
The agreement constitutes a binding contract between users and cadencevr.com. any user may contact us <http://www.cadencevr.com> in order to receive a copy of this agreement.
All users acknowledge and agree that cadencevr.com has offered the services, set its prices, and entered into the agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. users further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in the agreement reflect a reasonable and fair allocation of risk between users and cadencevr.com, and that the warranty disclaimers and the limitations of liability set forth in the agreement form an essential basis of the bargain between the users and cadencevr.com. cadencevr.com would not be able to provide the cadencevr.com services to users on an economically reasonable basis without these limitations and disclaimers.
MODIFICATION OF THE TERMS AND CONDITIONS OF USE
OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned and operated by CadenceVR.com. The CadenceVR.com software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Services (collectively, the “Materials”) are protected by Czech Republic copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials and components contained in the Services are the property of CadenceVR.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Services are proprietary to CadenceVR.com or its affiliates and/or third-party licensors. Except as expressly authorized by CadenceVR.com, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Services are not available to persons under the age of 15 or to any Users suspended or removed from the Services by CadenceVR.com. Users agree that the information that they provide CadenceVR.com upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up to date at all times.
When a user registers as a member and obtains an account, he or she will be asked to provide a password. because a user will be responsible for all activities that generate from his or her account, and one can only access his or her account upon the transmission of the associated password, a user should keep that password strictly confidential at all times. a user must notify cadencevr.com immediately of any unauthorized use of his or her password or if he or she believes that password is no longer confidential. cadencevr.com reserves the right to suspend a user’s account and/or require that such user alter his or her password if we believe for any reason that such user’s password is no longer secure. a user may not share his or her cadencevr.com account password with any other person for any reason.
PAYMENT TERMS AND CANCELATIONS
A User agrees to pay any fees due for and incurred by their use of those select Services that require payment on the part of Users (“Paid Services”). CadenceVR.com will administer and apply User payments received for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, CadenceVR.com reserves the right to terminate a User’s access to a Paid Service on account of that User’s nonpayment of associated charges. If a User wants to discontinue his or her utilization of a Paid Service, then he or she may cancel that Paid Service in accord with the cancellation procedures established in the Guidelines pertinent to that Paid Service.
Certain individuals or vendors (collectively “third party vendors”) with whom CadenceVR.com maintains a commercial relationship may market their own promotions and services on (or through) CadenceVR.com. To participate in some of those promotions or access some of those services, a User may be required to make payment for the specific service or promotion to the third party vendor that markets that specific service or promotion. CadenceVR.com is not responsible for the administration or application of any User payments required by any third party vendor for any such select services or promotions.
RETURN POLICY FOR PHYSICAL GOODS AND MERCHANDISE
If you are not satisfied with your purchase or you may want to return for any reason, you can get a full refund if you return, at your expense, the merchandise unopened and undamaged within 14 days of receipt.
This does not apply for software and videos downloaded or send by mail.
We ship our goods from EU. Given the current regulations, for orders shipped outside the EU there may be local and import taxes to be paid. These taxes and regulations varies for each country and we cannot calculate in advance these costs. For these reasons, the customer is responsible for providing the customs the needed information for clearance and paying the duty.
CADENCEVR.COM USAGE RULES, PROHIBITED CONDUCT & USES
A USER UNDERSTANDS AND HEREBY ACKNOWLEDGES AND AGREES THAT HE OR SHE MAY NOT, AND WARRANT THAT HER OR SHE WILL NOT:
Usage; Refusal Or Suspension Of Service
Cadencevr.com reserves the right, but has no obligation, to have cadencevr.com’s systems monitor any user’s registration or social networking activities (including inviting a fellow user into a network of friends), as well as any user’s use of or access to the location information and profiles of other users. Accordingly, cadencevr.com also reserves the right to disable any user’s use of or access to cadencevr.com, its services, the personal and/or location information, or the profiles of other users, for any reason and without any notice.
A user is solely responsible for his or her involvement with other users. Cadencevr.com reserves the right, but has no obligation, to monitor disagreements between any users.
Cadencevr.com does not control the content of user accounts and profiles and does not have any obligation to monitor such content for any purpose. Users acknowledge that they are solely responsible for all content and material that they provide to cadencevr.com.
Moreover, cadencevr.com reserves the right to refuse access to any user, for any reason and without any notice.
Third party content present on or linked on cadencevr.com’s affiliated websites.
Certain content displayed on or linked to cadencevr.com’s affiliated websites namely, third party websites and news headlines (collectively “third party web content”)-is developed by individuals or merchants over whom cadencevr.com exercises no direct control.
Cadencevr.com does not endorse any third party web content, or the information, material, products, or services associated with third party content.
Furthermore, some users may find some third party web content to be objectionable, inappropriate, or offensive. cadencevr.com therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any third party web content.
In addition, user contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any third party web content exist solely and operate independently as between a user and such individuals or merchants. a user therefore agrees that cadencevr.com shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such third party web content on cadencevr.com
he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
he or she controls all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
CadenceVR.com bears no responsibility, legal or otherwise, for that User Content.
PROHIBITED USER CONTENT
A User may not post Content on CadenceVR.com that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
involves commercial activities and/or sales without CadenceVR.com’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
contains a virus or other harmful component.
USER ACCOUNTS AND USER CONTENT
A User is responsible for all User Content posted under his or her account on CadenceVR.com, and for adjusting those account settings, specifically User Privacy Settings, that permit him or her to display User Content on the Site.
Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. CadenceVR.com will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but CadenceVR.com cannot guarantee that User account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and CadenceVR.com will not be liable for such chance disclosures.
Upon a User’s termination of his or her account, he or she may request that CadenceVR.com completely “purge” the User account, including the deletion of any and all User Content previously submitted by that User. CadenceVR.com will in turn undertake reasonable efforts to ensure that a User Account and CadenceVR.com is completely purged of User Content, subject to the limitation that CadenceVR.com may not be able to fully delete all User Content, specifically any User Content posted in CadenceVR.com forums, community groups, on other User pages. CadenceVR.com therefore directs that a User exercise good judgment when he or she posts User Content to CadenceVR.com forums, community groups, or on other User pages, and refrain from posting sensitive material.
In addition, CadenceVR.com cannot wholly purge health index related User Content upon the deletion of a User Account. We will, however, make that information anonymous upon the termination of a User account.
Ownership Rights In User Content
When a User transmits or otherwise supplies User Content to CadenceVR.com, or otherwise makes User Content available on or through CadenceVR.com, he or she expressly grants CadenceVR.com a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with CadenceVR.com or the promotion thereof.
In addition, CadenceVR.com obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any “moral rights” in that User Content have been waived. Moreover, when a User posts User Content to CadenceVR.com, he or she authorizes and directs CadenceVR.com to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by CadenceVR.com relative to User Content, as delineated above, are, however, subject to the limitation that should CadenceVR.com seek to make use of certain User Content-namely a User’s image-for explicit commercial or advertising purposes, CadenceVR.com will make a reasonable effort to secure consent from that User for that specific purpose.
Further, CadenceVR.com does not assert any real ownership over User Content. Rather, subject to the rights granted to CadenceVR.com in these Terms and Conditions of Use, a User retains full ownership of any and all of his or her User Content and any intellectual property rights or other proprietary rights associated with said User Content.
OWNERSHIP OF CADENCEVR.COM CONTENT
CadenceVR.com is the sole owner of all cadencevr.com content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. a user may not download, copy, or save any CadenceVR.com content or any portion of it, for any purpose, except as permitted by select services (as provided for in the specific Guidelines and Policies relative to those services), and in the limited cases where a user needs to print a copy of individual screens appearing as part of cadencevr.com solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. except as expressly permitted under these Terms and Conditions of use and/or certain ancillary guidelines related to specific services, a user may not modify, copy, publish, display, transmit, adapt or in any way exploit the cadencevr.com content without the prior written permission of CadenceVR.com.
CONTENT IS NOT MEDICAL ADVICE
CadenceVR.com content does not constitute medical advice. should a user have any healthcare related questions, he or she should contact his or her physician or other healthcare provider promptly and in advance of his or her use of cadencevr.com and the services.
Any cadencevr.com content, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by cadencevr.com or by other users or third parties is not intended to be and should not be used in place of (a) the advice of a physician or other medical professional, (b) a visit, call or consultation with a physician or other medical professional, or (c) information contained on or in any product packaging or label.
A user therefore should never disregard medical advice or delay in seeking medical advice because of any cadencevr.com content and a user should not employ content for diagnosing or treating a health problem.
Further, the transmission and receipt of cadencevr.com content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between cadencevr.com and a user.
The services, including the mobile services, and any third-party software, services, or applications made available in conjunction with or through cadencevr.com are provided “as is” and without warranties of any kind either express or implied. cadencevr.com, and its suppliers and partners (including without limitation CadenceVR.com’s third-party wireless carrier partners), disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
CadenceVR.com and its suppliers and partners (including without limitation CadenceVR.com’s third-party wireless carrier partners) do not warrant that the functions contained in the mobile services will be uninterrupted or error-free, that defects will be corrected, or that cadencevr.com or the server that makes them available are free of viruses or other harmful components. moreover, cadencevr.com, and its suppliers and partners (including without limitation CadenceVR.com’s third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any personal information or location information or the services in terms of security, safety, correctness, accuracy, reliability, or otherwise. a user (and not cadencevr.com or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the services.
INDEMNIFICATION; HOLD HARMLESS
A user agrees to indemnify, defend, and hold cadencevr.com, and its suppliers and partners (including, without limitation, CadenceVR.com’s wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) the use or misuse of any user’s personal information and location information, or the services generally, (b) any violation of the rights of any other person or entity by user, (c) any breach or violation by a user of cadencevr.com, or (d) a user’s employment of the services to meet another user in-person or to locate and attend any offline place or event.
CadenceVR.com reserves the right, at a given user’s expense, to assume the exclusive defense and control of any matter for which such user is required to indemnify cadencevr.com, and said user agrees to cooperate with CadenceVR.com’s defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
A user acknowledges and agrees that under no circumstances, including, without limitation, negligence, will cadencevr.com, contractors, employees, agents, or third-party partners (including, without limitation, CadenceVR.com’s wireless carrier partners) or suppliers be liable to any user for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of a user’s personal information or location information; (b) a user’s ability or inability to use the services; (c) the services generally, including the mobile services, or systems that make the services available; or (d) any other interactions with cadencevr.com or any other user of the services, even if cadencevr.com or a cadencevr.com authorized representative has been advised of the possibility of such damages.
This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on cadencevr.com or through the services, or received through any links provided by cadencevr.com, the affiliated websites, or the services, as well as by reason of any information or advice received through or advertised on cadencevr.com, the affiliated websites, the services, or received through any links provided by cadencevr.com, the affiliate websites, or the services.
This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. such limitation shall further apply with respect to the performance or non-performance of cadencevr.com or the services or any information or merchandise that appears on, or is linked or related in any way to cadencevr.com, its affiliated websites, or the services. such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Without limiting the foregoing, under no circumstances shall cadencevr.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In no event shall cadencevr.com (or its affiliates, contractors, employees, agents, suppliers, or third-party partners including, without limitation, CadenceVR.com’s wireless carrier partners) total liability to a user for all damages, losses, and causes of action arising out of or relating to these terms and conditions of use, or a user’s employment of the services (whether in contract, tort (including without limitation negligence), warranty, or otherwise exceed the amounts paid by a user for accessing the services during the twelve (12) months immediately preceding the date of said user’s claim or one thousand dollars, whichever is greater.
A user further agrees that the limitations of liability set forth above will survive any termination or expiration of these terms and conditions of use, and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. accordingly, the exclusions, and limitations set forth above may not apply in their entirety to a specific user. said user, however, agrees that CadenceVR.com’s liability will be limited to the extent permitted by law.
These Terms and Conditions of Use (and any related Guidelines of the character detailed above) constitute the entirety of the agreement between CadenceVR.com and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.