Please read the following terms and conditions carefully before you use services from Polearn
1. Acceptance of Terms and Conditions.
By using Our Products and Services you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. Polearn reserves the right to amend these Terms and Conditions at any time without prior notice. The up-to-date version of these Terms and Conditions will be available on the official website of Polearn and any changes will come into effect immediately upon posting. By continuing to use our products you agree to amended terms and conditions.
2. Intellectual Property.
The texts, graphics, designs, logos, button icons, images, data compilations and information (“Content”) contained in Our Products and Services are Intellectual Property of Polearn (or belongs to it) and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are trademarks of Polearn. No trademarks may be used without prior written consent of Polearn except to identify the products or services associated therewith. Our Products and all related software, copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Polearn or its licensors.
3. Legality of Use.
By using Our Products, you hereby warrant that:
- all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and
- the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.
4. Membership subscriptions.
Applications offer subscriptions that grant you access to additional features like or full access to the content. We offer monthly and annual subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Wallet Account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, until cancelled in the Manage Subscriptions section of your account settings. Auto-renewal may be turned off in your Google Wallet account after purchase. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. We will notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.
5. Professional advice and medical disclaimer
You should consult your physician or other health care professional before using the service to determine if it is right for your needs. This is particulary true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising, smoke, have high cholesterol, or have a bone or joint problem that could made worse by a change in physical activity. Do not use the service if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
The service offers health and fitness information and is designed for informational purposes only. Nothing stated or available through the service is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health or nutrition care, treatment, instructions, diagnosis, prognosis or advice. You should not rely on any information on the service as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the service. The use of any information provided on the service is solely at your own risk.
6. Your representations and warranties as a customer
In becoming a customer of Polearn with the intent of using the Service (“Customer”), you affirm that either
- all of the following statements are true:
- no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician
- you have never felt chest pain when engaging in physical activity
- you have not experienced chest pain when not engaged in physical activity at any time within the past several months
- you have never lost your balance because of dizziness and you have never lost consciousness
- you do not have a bone or joint problem that could be made worse by a change in your physical activity
- your physician is not currently prescribing drugs for your blood pressure or heart condition
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems
- and you do not know of any other reason you should not exercise
- your physician has specifically approved of your use of the Service
7. General disclaimers
Polearn provides the Service on an “as is” and “as available” basis. You therefore use the Service at your own risk.
Polearn expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
Without limiting the foregoing, Polearn make no representations or warranties:
- That the Service is suitable for you;
- Regarding the adequacy or safety of the Service for any particular user;
- That the Service will meet your personal needs;
- That the Service will be permitted in your jurisdiction;
- That the Service will be uninterrupted or error-free.
Polearn reserves the right to modify the Service. Polearn shall not be responsible for loss or corruption of your personal profile and training information and other data. Polearn hereby waives all claims with respect to damage to your mobile device.
To the extent that a secondary party may have access to or view the digital content displayed through the Service (“Digital Content”) on your mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.
8. Limitation of liability
To the fullest extent permitted by law:
in no event shall
- Polearn and its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and
- Polearn and its affiliates’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose
If you do not accept this limitation of liability, you are not authorized to obtain or access any material through the service.
9. Restrictions on Use of the Service
In addition to any other restrictions set forth in Terms and Conditions, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material Polearn or any other person or entity Posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Polearn or obtained from the Service; provide any false personal information to Polearn; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without Polearn’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this document.
Polearn is not responsible for any outages or service interruptions that occur from time-to-time when using Our Products, including those due to software, hardware or power failures, or issues at the wireless carrier level. In addition, Polearn is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. Polearn, in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.
12. Content Created by Users and Rights to such Content
The user consents that as a result of the automatic evaluation of the way the user uses Our Products, he/she may be exposed to certain offers and/or marketing messages tailored to such user. The user consents that marketing measures may also be taken in relation to created content, which are marketed by Polearn. The user grants Polearn the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Polearn shall have the right to use all content, irrespective of the type of usage. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. Polearn does not claim ownership of any content created by users and will not supervise such content.
13. Disclaimer of warranties
You agree that the use of the services is entirely at your own risk. The services are provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. The company does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. the company makes no warranties as to the results that may be obtained from the use of the services or as to the accuracy, quality, or reliability of any information obtained through the services. The company disclaims any warranties for other services or goods received through or advertised on the services, or accessed through any links on the services. The company disclaims any warranties for viruses or other harmful components in connection with the services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. Limitations of liability
Under no circumstances shall the company be liable for any damages resulting directly or indirectly from any aspect of your use of the website, content or services. You must evaluate, and agree to bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that the company is not liable for the defamatory, offensive or illegal conduct of users or third parties. Additionally, in no event will the company be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from:
- the use of, or the inability to use the services;
- the cost of procurement of substitute services, items, or website;
- unauthorized access to or alteration of your transmissions or data;
- the statements or conduct of any third party on the services; or
- any other matter relating to the services.
15. Contact Information
For communications concerning this Agreement, please write to Massive Miniteam GmbH, Deutz-Muelheimer Strasse 30, 50679 Cologne, Germany.