Terms and Conditions of Use

 

BEFORE BECOMING A GYMPASS MEMBER CAREFULLY READ OUR TERMS AND CONDITIONS OF USE OF THE SERVICE. 

BY CLICKING THE "SUBSCRIBE" BUTTON IN THE REGISTRATION PAGE, YOU ARE CONFIRMING THAT YOU HAVE READ AND FULLY AGREED, WITHOUT RESERVATION, THAT THIS AGREEMENT HAS AS PARTS, YOU ("USER") AND GYMPASS B.V. ("GYMPASS"), KvK: 63430975, RSIN: 855233400, WITH REGISTERED ADDRESS Biesbosch 225, unit 3.2, 1181JC, Amstelveen, Netherlands WILL BE CONFIRMING THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT USE THIS SITE. PARENTS OR LEGAL REPRESENTATIVES OF A MINOR ARE LIABLE FOR THE ACTS PRACTICED BY HIM/HER UNDER THIS AGREEMENT, AMONG WHICH ANY DAMAGE TO THIRD PARTIES, ANY ACTS FORBIDDEN BY LAW AND TO CONTRARY TO THE PROVISIONS OF THIS AGREEMENT, WITHOUT LIMITING THE LIABILITY OF THE CONTRACTOR.

This Agreement governs the use of intermediation services performed by GYMPASS to promote visits ("DAYS") in partner gyms ("PARTNER"). Such mediation is through the sale by GYMPASS - through its website, mobile applications and other means ("CHANNELS") - for the Users (USERS) to visit PARTNERS through the products offered by them. This agreement also governs any online or electronic documentation related.

IMPORTANT NOTICE:

The USER is aware that the traffic of data that gives you access to the Site is supported by a service provided by the telecommunication service selected and hired by the User and such hiring is completely independent of GYMPASS. The USER is aware, though, that the charges for telecommunications services (WAP, GPRS) of choice and applicable taxes by the operator can apply on the downloaded data and any third-party ad traffic to your device.

1. PURPOSE

1.1 The intermediation services rendered by GYMPASS and the services offered by its PARTNERS, as main executors of the physical activity services, are governed by these Terms and Conditions of Use. Both GYMPASS and its PARTNERS will make available to USERS, who are directly or indirectly registered in CHANNELS, access through CHANNELS to products and/or services ("PRODUCT") of companies that are GYMPASS PARTNERS. The specific conditions of these PRODUCTS are always available in the CHANNELS and/or GYMPASS terms of use.

1.2 The publication, acquisition, delivery and use of PRODUCT will happen according to the following steps:a) Publication of PRODUCT: Products will be posted on the GYMPASS

a) Publication of PRODUCT: Products will be posted on the GYMPASS website indefinitely and will be removed if GYMPASS or its PARTNERS agree that their partnership agreement ceased to exist. In this situation, all PRODUCTS sold previously will still be accepted by the PARTNER during the validity period of the PRODUCT, for the time stated on the website and on the PRODUCT itself. ("VALIDITY PERIOD").

b) Acquisition of PRODUCT: the USER interested in purchasing any PRODUCT should manifest electronically only via CHANNELS available by GYMPASS, during the period of advertisement of the PRODUCT, paying for the PRODUCT according to the instructions on the website.

c) Delivery of PRODUCTS offered: After the acquisition of any PRODUCT, GYMPASS will electronically deliver a proof of purchase, which states the main conditions of use initially published in CHANNELS. The USER will be aware and already agreed that any PRODUCT acquired through CHANNEL refers to a service to be made available by the GYMPASS PARTNERS, and the PARTNERS will solely and entirely respond for the delivery, quality, quantity, condition, existence, legitimacy, integrity and regulatory compliance of the PRODUCTS and/or services offered, as well as the accuracy of the information published in the GYMPASS CHANNELS. The USER is aware that GYMPASS does not have possession or ownership of the PRODUCTS offered through CHANNELS, PRODUCTS and they are always published on behalf of the respective PARTNER. By purchasing a PRODUCT through CHANNELS, the USER hereby state that he/she has also read and agreed to the General Rules for Use of GYMPASS PRODUCT (https://www.gympass.com/ie/usage_rules), declares to know the specific conditions of use of the GYMPASS PRODUCTS, like but not limited to payment, receipt and validity of these PRODUCTS.

c.1) Notwithstanding the foregoing, GYMPASS reserves the right to refund the PRODUCTS whose use will be impaired due to unforeseeable circumstances or force majeure. Such cases will be communicated via e-mail, which will be presented with two options for repayment: credits for use in CHANNELS or reversal in the value of the payment made for the purchase of PRODUCTS, via reversal of the entry made by credit card or by deposit in USER current account, exclusively a GYMPASS decision. If there is no reply within 7 (seven) days, it will be understood that the USER opted for conversion into credits for use in CHANNELS.

c.2) Each pass is linked to an account with e-mail address and password registered in GYMPASS.COM. All purchases of PRODUCTS that are made, receive a personal and non-transferable account from GYMPASS. As the account is non-transferable a USER may not transfer any purchases on his/her account to another party. The breach of this clause constitutes fraud and gives GYMPASS reason to require indemnification from USERS, allowing GYMPASS to take any legal measures and also perform any actions on the purchase made and/or the USER of the portal, without burdening GYMPASS with any compensation.

c.3) GYMPASS will handle consumer contacts, complaints, cancellations and chargeback requests. In case of a dispute between the USER and the PARTNERS regarding any PRODUCT acquired through the CHANNELS, GYMPASS will mediate the dispute between the USER and the PARTNERS and help reach an agreeable resolution.

d) Use of offered PRODUCTS: USER acknowledges that, to enjoy the contracted PRODUCTS with PARTNERS, he/she must present the Daily Token to the reception desk. The presentation of the Daily Token should happen at each and every visit of the USER to the PARTNERS.

d.1) USERS must observe the relevant legislation regarding use of the PRODUCTS of PARTNERS in all its aspects. Consideration should be taken where a medical certificate is required, according to the respective legislation of the country. It is for the PARTNER to apply for this and any other medical certificate for the provision of their service.

d.2) The USER can perform at most one validation of the daily token in one PARTNER per day.

2. ABILITY TO REGISTER ON THE WEBSITE

2.1 The services of the PARTNERS of GYMPASS are available only to people who have the legal capacity to contract them. Any person who does not have this ability cannot use such services, including minors or people who have been unqualified by GYMPASS temporary or permanently, for any reason.

2.2 It is also not allowed for a person to have more than one USER recorded in the portal. If GYMPASS detects duplicate records through its data verification the system will permanently disable all entries.

2.3 Legal entities, such as a business subscriber, may subscribe through its legal representatives.

3. REGISTRATION

3.1 The registration of a person will only be confirmed after all registration fields on the online form are satisfactorily completed. The future USER must complete the online form with accurate and truthful information and information should be updated whenever changes occur in life circumstances.

3.2 GYMPASS is not responsible for the correctness of personal data entered by its USERS. USERS guarantee and are liable for the accuracy and authenticity of registered personal data.

3.3 GYMPASS reserves the right to use all means possible to validate the identity of its USERS and to request additional data and documents it deems to be relevant in order to verify personal information provided.

3.4 GYMPASS may temporarily suspend and indefinitely disable a USER without prejudice to any other measures deemed necessary and appropriate if such information is found to be untrue.

3.5 The USER will access his/her account via his/her email address and password or Facebook account and will be responsible to ensure such information is not made available to third parties, being wholly and exclusively responsible for its use.

3.6 Compensation nor reimbursement shall be made available if any of the above noted abuses is founded. All purchases of PRODUCTS made by the USER in the CHANNELS will be automatically cancelled.

3.7 The USER agrees to immediately notify GYMPASS, through secure means, of any unauthorised use of his/her account, as well as unauthorised access by third parties. The USER is solely responsible for transactions made on his/her account.

3.8 In no event, shall any transfer, sell, rent or any type of transfer of USER accounts be allowed. The maintenance of more than one record for the same person, or even the creation of new registrations by people whose original entries have been cancelled are violations of GYMPASS policies.

4. PAYMENT

4.1 GYMPASS is responsible for the transactions occurring in CHANNELS.

4.2 The acquisition of offers will be managed through the payment service provider.

4.3 GYMPASS cannot guarantee that services provided by the payment service provider will function free of errors, interruptions, malfunctions, delays or other imperfections.

4.4 GYMPASS is not responsible for the availability, inability or otherwise of the services provided by the payment service provider.

5. MODIFICATIONS OF THE TERMS AND CONDITIONS OF USE

5.1 GYMPASS may change at any time these Terms and Conditions of Use, seeking improvement and/or necessary changes. The new Terms and Conditions will take effect from its publication in the CHANNELS. Within 24 (twenty four) hours from the publication of the changes, the USER must communicate by e-mail if not in agreement with the changed Terms and Conditions. In this case, the contractual relationship will cease to exist, provided there are no outstanding debts or accounts in the name of USER. If no manifestation within the stipulated time is done by the USER, it will be understood that the USER accepted the new Terms and Conditions and the contract continues to be binding between the parties.

5.2 Whereby the PRODUCT is acquired prior to the modification of the Terms and Conditions of Use and the end of period for such PRODUCT is still active on the date of the modification, the previous wording of the Terms and Conditions of Use will remain in place until the end of period for the acquired PRODUCT.

6. PRIVACY INFORMATION

6.1 GYMPASS takes all necessary and available measures to maintain the confidentiality and security of personal data of its USERS, however it is not responsible for damage that may be derived from the violation of these measures by third parties using public networks or the internet, subverting security systems to access USERS information.

6.2 All information relating to the USERS that may be made available to PARTNERS belong to GYMPASS and it is GYMPASS discretionary decision the use of this information.

6.3 In case of any doubt about the protection of personal data and confidentiality, please contact support@gympass.com.

7. OBLIGATIONS OF USERS

7.1 USERS interested in PRODUCTS available on CHANNELS must perform the purchase and payment during the period in which PRODUCTS are available in CHANNELS, i.e. the period between the partnership between GYMPASS and the PARTNER.

7.2 By purchasing the PRODUCT through the CHANNEL the USER declares that he/she is aware of the conditions to receive and/or use the product and/or service published in CHANNELS.

7.3 Services provided by GYMPASS are acting only as intermediation, GYMPASS is not responsible for applicable tax liabilities due on activities and transactions of USERS of the CHANNELS, and on the goods or services provided by its PARTNERS. As established by the relevant legislation, the USER should request an invoice from the PARTNER regarding the total amount paid by the USER to access the PARTNER.

8. INFRINGEMENT ON SYSTEM OR DATABASE.

8.1 The use of any device, software or other feature that may interfere with the activities and operations of GYMPASS as well as the information of the PRODUCT, descriptions, or accounts on GYMPASS' databases is expressly prohibited. Any attempted intrusion or activity that violates or contravenes the laws on intellectual property and/or ownership or the terms set in these Terms and Condition of Use, makes the person(s) responsible and accountable to legal action, penalties provided herein and compensation for damage caused.

9. SANCTIONS

9.1 Without prejudice to other measures, GYMPASS may warn, suspend or discontinue, temporarily or permanently a USER's account at any time and initiate appropriate legal action if the USER: a) fails to comply with any provision of these Terms and Condition Use; b) fails to comply with his/her duties as a USER; c) engages in deceptive or malicious acts; d) if the identity of the USER cannot be verified or information provided by him/her is incorrect; e) if GYMPASS understands that the USER did harm third parties or GYMPASS, or have the potential to do so. In case of disqualification of membership of the USER, all purchases of PRODUCTS active will be automatically cancelled. GYMPASS reserves the right at any time and in its sole discretion, require the submission of personal documentation.

10. RESPONSIBILITIES

10.1 As a business intermediator, GYMPASS is not the owner of the PRODUCT, does not keep possession of them and does not do deals on their behalf. Nor does GYMPASS intervene in the supply and/or use of the PRODUCTS whose acquisition occurs through CHANNELS.

10.2 Responsibility for the PRODUCT at the time of delivery, its use, existence, amount, quality, condition, integrity, legitimacy or compliance with regulations of the PRODUCTS that PARTNERS offered through GYMPASS and purchased by USERS will fall with the PARTNERS. GYMPASS is not responsible for USER ability to hire the PRODUCT or the accuracy of the personal data they entered in their records, nor does it grant warranty for hidden or visible defects in the negotiations between the PARTNERS and the USERS.

10.3 GYMPASS will not be responsible for fulfilling the obligations assumed by USERS. USERS acknowledge and agree that purchased PRODUCTS from PARTNERS are at their own risk. In no event shall GYMPASS be liable for loss profits or any other damage and/or injury that USERS may suffer due to the acquisitions made through CHANNELS.

10.4 GYMPASS is not responsible for loss, theft, damage or loss of the Pass to identify the purchase made in CHANNELS. The check-in or the daily token will be the designation of the acquisition of the PRODUCT to the PARTNER and maintaining its security, and its non-disclosure to third parties, will be the sole responsibility of the USER. Check-in must be done immediately, before the user enters the gym, on https://www.gympass.com/checkin after logging in. Alternatively, the daily token shall be issued daily on the day that USER wants to use his/her pass in https://www.gympass.com/token-diario after logging in.

10.5 GYMPASS recommends that every transaction is done with caution and common sense. The USER must be aware of the risks of acquiring PRODUCTS.

10.6 Considering that it's impossible to have full and uninterrupted operation of any telecommunication system or computer for 365 days a year, 24 hours a day, due to telecommunications' fragility and complexity, since this service relies on telecommunications services provided by third parties, GYMPASS cannot not guarantee in any way that the service will be uninterrupted and/or in an error-free manner.

11. SCOPE OF SERVICES.

11.1 These Terms and Conditions of Use do not constitute an agreement of partnership, warrant, franchise or employment relationship between the USER and GYMPASS or between GYMPASS and the PARTNER. THE USER is aware that GYMPASS is not part of any transaction, nor does it have any control over the quality and safety of PRODUCTS, since the PARTNERS are in such control. GYMPASS does not guarantee the veracity of the publications done by third parties that appear on their CHANNELS and will not be responsible for the correspondence or contracts that the USER performs with third parties or even directly with GYMPASS PARTNERS. GYMPASS is not responsible for any damage, injury or loss caused by system, server or internet problems. GYMPASS is not liable for any virus that may attack the USER's equipment as a result of accessing, using or browsing the internet site; or as a result of the transfer of data, files, images, text or audio either. USERS may not assign any responsibility to GYMPASS nor demand payment for loss of profit due to losses resulting from technical difficulties or failures in systems or on the internet. Eventually, the system may not be available for technical reasons or failure of the internet or any other fortuitous event or force majeure oblivious to GYMPASS control.

12. INTELLECTUAL PROPERTY

12.1 The commercial use of the expression "GYMPASS" as a trademark, trade name or domain name, as well as the contents of the screens on services GYMPASS as well as programs, databases, networks and files, which allow the user to access and use his/her account, are  properties of GYMPASS and are protected by laws and international copyright treaties, trademarks, patents, and industrial designs. The misuse and total or partial reproduction of these contents are prohibited unless under the express permission of GYMPASS.

12.2 The CHANNELS can link to other sites in the network, which does not mean that these sites are owned or operated by GYMPASS. Having no control over these sites, GYMPASS will not be liable for the content, practices and services offered therein. The presence of links to other sites does not imply endorsement, supervising, complicity or solidarity by GYMPASS to these sites and their contents, even if these sites are PARTNERS of GYMPASS.

13. INDEMNITY

13.1 The USER shall indemnify GYMPASS, its affiliates, subsidiaries or parent companies, officers, directors, employees, representatives and employees for their breach of the Terms of Conditions of Use or violation of any law or rights of third parties, including legal fees.

14. RIGHT TO COOLING-OFF AND CANCELLATION POLICY

14.1. Once the USER acquires a PRODUCT through the CHANNELS, the USER may only cancel it in the situations specified below and provided the USER has not redeemed / used / validated your Pass along to PARTNER, effective supplier of the good or PRODUCT purchased:

14.1.1. Cooling-off Period: Within 7 (seven) days of delivery of the PRODUCT' onto the USER's personal account maintained in the CHANNELS, the USER may request cancellation of purchase. The refund can occur via the payment method of chargeback payment in the same payment method used to purchase the PRODUCT or the corresponding provision of the exact amount paid in the personal account of the USER in the CHANNELS. This amount may be used by the USER to acquire any other PRODUCT. Once chosen the chargeback credits, the user must be aware that such claims could not be further converted into money and the validity of such claims, as well as any other credits deposited in GYMPASS, by any means of payment, will be of a maximum of six (6) months.

14.1.2. If the PRODUCT has been redeemed / used / validated by the USER with the PARTNER, supplier of the goods or PRODUCT purchased, in whole or in part, during the period of the PRODUCT, GYMPASS will not proceed with the cancellation of it nor will GYMPASS refund any values, whatever is the reason for the cancellation request.

14.1.3. The USER is aware that certain PRODUCTS may only be used for a specified period or on specific days. The use of the PRODUCT in violation of time and/or date as well as in violation of any other terms and conditions does not entail a return or exchange.

15. SPECIFIC TERMS AND CONDITIONS FOR THE UNLIMITED DAY PASS PACKAGE

15.1 Through the Unlimited Day Pass Package USERS can use CHANNELS to freely acquire up to 31 (thirty one) day passes for a specific group of PARTNERS per month (or less if there are fewer than 31 days in a given month).  USERS who purchase this product can perform at most one visit per day and, after the end of each month, unused visits expire. To access this PRODUCT USERS will make a monthly payment to GYMPASS (" Unlimited Day Pass Package Price").

15.2 PARTNERS in the Unlimited Day Pass Package are grouped by monthly price. USERS are allowed access to PARTNER gyms and sessions equal to or below the monthly price of each PARTNER when the Unlimited Day Pass Package is acquired. PARTNER gyms and sessions that exceed such agreed price will not be accessible to the USER.

15.3 PARTNERS included on the Unlimited Day Pass Package may change pricing without prior notice. The change can happen prior, during or at the end of the contract between GYMPASS and PARTNERS.

15.3.1 If the monthly price of an Unlimited Day Pass Package by a PARTNER increases and if the USER has purchased the Package and has already made at least one visit to this PARTNER in the past prior to the price increase, the USER will still have access to the PARTNER for a period of six (6) months after the last use.

15.3.2. In the event of termination of the partnership between GYMPASS and any PARTNER and if the USER performed at least one visit to the PARTNER, USER can, until the expiration of the original term (six months) of his Unlimited Day Pass Package, still visit the PARTNER or request the cancellation of the Unlimited Day Pass Package in accordance with item 15.3.3. If, at the end of this period of six months, the USER automatically renews his Unlimited Day Pass Package, USER cannot attend the PARTNER whose partnership with GYMPASS was finalised.

15.3.3. Any USER requesting the cancellation of the Unlimited Day Pass Package based on the end of the partnership between GYMPASS and a PARTNER will be able to, after proving that the purchase of the Unlimited Day Pass Package was held solely or mainly for use of that PARTNER, will have the amount paid for the month of the cancellation refunded proportionately.

15.3.4. Any USER may use the previously bought Unlimited Day pass package in any gym within the Unlimited Day Pass Package price range, until the end of the Unlimited Day Pass Package validity. In the event of bankruptcy or closure (end of business) of the PARTNER whose partnership with GYMPASS was finalised, or in the case that this PARTNER, after the ending of the partnership, does not accept the Unlimited Day Pass Package by USER, USER will be allowed to request the cancellation of the Unlimited Day Pass Package and will be proportionately refunded without any penalty for the early termination.

15.4 In case of fraud or misuse of GYMPASS, Unlimited Day Pass Package and USER may be blocked and the USER will be notified of the reasons.

15.5 Adherence to the Unlimited Day Pass Package, as well as any other products available in the CHANNELS are made through the CHANNELS. It is not possible to purchase any products directly at the gym.

15.6 The USER cannot pause or put on hold his/her Unlimited Day Pass Package.

15.7 All packages will be charged monthly by direct debit in USER's bank account, debit/credit card or by any means of payment available in the CHANNELS, and will have validity of at least six months, to ensure that GYMPASS is able to guarantee the offered price. After this period the PRODUCT will be automatically renewed.

15.8 All payments shall be made online through GYMPASS. Payment will not be possible at the gym.

15.9. The request to cancel the Unlimited Day Pass Package can be made by the USER through GYMPASS website, call center, or through the chat within the USER Portal GYMPASS website or by e-mail available on the website contact page. USER will no longer have access to PARTNERS from the last day of the monthly fee during which the cancellation request was made.

15.9.1. The USER won't be charged a fine if they cancel the Unlimited Day Pass package.

15.10 Unlimited Day Pass Package is only valid for the PARTNERS who have them available on their web pages in GYMPASS CHANNELS.

15.11 As a rule, PARTNERS with Personal Training classes are not included in the Unlimited Day Pass Packages. If for reason any PARTNER is wrongly offering these types of PRODUCTS please report it directly GYMPASS.

15.12 There are PARTNERS offering the service of Personal Training to assist USERS in their exercises. Check directly with the PARTNER the policy of charging for the use of internal and/or external Personal Training services.

15.13 USER is obliged to follow the rules of usage and behaviour of each gym and the customer has to inquire directly at the gym what is or is not allowed.

15:14. You may also use gyms outside your "COUNTRY OF ORIGIN" (country of purchase of the unlimited day pass package) in any country where GYMPASS has partner gyms ("DESTINATION COUNTRY"). If the COUNTRY OF ORIGIN and DESTINATION COUNTRY use the same currency, the value considered will be considered the same value of the unlimited day pass package in the COUNTRY OF ORIGIN. If the DESTINATION COUNTRY uses a different currency than the COUNTRY OF ORIGIN, it will be considered the unlimited day pass package converted to the currency in the COUNTRY DESTINATION by the exchange rate, multiplied by 0.9 (reduction factor) due to the risk of currency exchange. The value of the equivalent unlimited day pass package is available on the gym filters in the GYMPASS site, and can be changed at any time, for example after abrupt changes in exchange rates between currencies.

16. CONTENT PROVIDED BY YOU AND PARTNERS

16.1 USER and/or PARTNER, participants in GYMPASS CHANNELS position, can produce content to be shown on CHANNEL ("CONTENT PRODUCERS")

16.2 By using the site, CONTENT PRODUCERS are aware that CHANNELS are hosted in Netherlands, as well as all exchange of information is made directly to this country. CONTENT PRODUCER acknowledges and agrees that the rules and laws that govern the use of information sent by CONTENT PRODUCER to CHANNELS follow the precepts of the Dutch legislation.

16.3 When the CONTENT PRODUCER submits any content to CHANNELS, in the time that it uses or attempts to use it, he/she agrees that is subject to all terms and conditions of this Agreement.

16.4 If at any time the CONTENT PRODUCER does not agree to all the terms and conditions of this Agreement, including, without limitation, the time when we make changes, then he/she must not use, not attempt to use, and immediately cease its use of "User Content Submission Devices". The use already establishes a legal relationship to the Agreement, by setting the acceptance of the terms and conditions herein, including, but not limited to, any change that eventually can do.

16.5 Every time the CONTENT PRODUCER performs an upload or submits content to the channels (or even if he/she tries to do so), the CONTENT PRODUCER will be confirming acceptance of all terms and conditions of this Agreement, which therefore shall be legally binding.

16.6 When you submit User Content, the CONTENT PRODUCER may also be asked to provide certain information about the User Content, which may include, but are not limited to, a descriptive title, information about the User Content, length of time and its location and / or similar information.

16.7 Sending User Content, the CONTENT PRODUCER also agrees and accepts that the term "User Content" refers to and includes, but is not limited to all information that PARTNER email us or that may be related to the information you sent.

16.8 The CONTENT PRODUCER should always keep a copy of the produced content, even after being subjected to this content CHANNELS. GYMPASS is not responsible for lost, damaged, depraved, unusable or unreadable contents.

16.9 Proof that the CONTENT PRODUCER accepted the User Content does not mean or is not a proof that GYMPASS received any contents.

16.10 The CONTENT PRODUCER is solely responsible and accountable for communications and content (and the consequences) sent in his/her name, username, e-mail address, password and registration or profile information, if there is any.

16.11 User Content does not reflect the opinion of GYMPASS, which at no time represents or guarantees the truthfulness, accuracy or reliability of any User Content, or endorses or supports any opinions expressed in any User Content. GYMPASS is not liable for any User Content.

16.12 If GYMPASS determines, in its sole discretion, that any User Content submitted by CONTENT PRODUCER, violates this agreement, GYMPASS reserves the right, at any time, without prior notice or any limitation all other rights sheltered by this Agreement, at law or justice to, (a) refuse permission to send the User Content again, (b) remove and delete the User Content, (c) revoke his/her registration and right to use the User Content Submission Devices and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating the record, email address, username and password.

16.13 GYMPASS does not ensure that their User Content Submitting Devices or any User Content are not used for any unlawful purpose, or that any video, software or Content accessed, used or imported from outside Netherlands, by our User Content Submitting Devices is not illegal for certain people or countries.

16.14 When submitting User Content, the CONTENT PRODUCER is acting under its own risk. The CONTENT PRODUCER is responsible for compliance with the laws of his/her country.

16.15 The CONTENT PRODUCER agrees not to send or attempt to send any "Unauthorised Content", as we have the right to reject, refuse to accept, remove or give treatment that GYMPASS deems necessary for any "Unauthorised Content", i.e., any content that violates the terms and conditions of this Agreement and the terms and conditions set by the Terms of Use.

16.16 By sending all User Content through the User Content Submitting Devices, the CONTENT PRODUCER warrants to GYMPASS license, authorisation and full and unlimited permission, worldwide, irrevocable and free, in any form or format, through any media or medium, whatever the technology or device now known or hereafter developed or discovered, in whole or in part, to store, memorise, maintain, use, distribute, display, exhibit, perform, publish, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of the User Content in CHANNELS, for any purpose (including, but not limited to any promotional purposes) without accounting, communication, credit or other obligation in relation to the CONTENT PRODUCER, and the right to license, sub-license and authorise others to exercise any rights under this Agreement.

16.17 GYMPASS owns all rights, title and interest in and to the devices of the User Content, including, but not limited to, all associated intellectual property and existing property rights throughout the world, so that the CONTENT PRODUCER does not acquire any ownership, possession or any other right, title or interest in relation to devices of the User Content.

16.18 The CONTENT PRODUCER declares that it will be the only responsible for the Content delivered to GYMPASS, stating that: (i) it has all necessary licenses, authorisations, rights to use all intellectual property and any third party, including, patents, trademarks , copyrights, trade secrets, or any other right; (ii) The CONTENT PRODUCER has consent from any person who appears in the Content delivered to the use of his/her image, voice, name, intimacy and other personality rights; (iii) registered this content (if audiovisual)  with the respective authorities and paid the fee of the respective authority (if necessary); (iv) included all necessary credits for the preservation of the moral rights of copyright holders.

16.19 GYMPASS may terminate this Agreement with the CONTENT PRODUCER and terminate his right to use the User Content Submission Devices at any time, without any previous notice.

17. JURISDICTION AND APPLICABLE LAW

17.1 All items of these Terms and Condition of Use are governed by the laws of England & Wales. For all matters relating to the interpretation and enforcement, the parties shall submit to the English Courts in GYMPASS’ business location, except the claims by CONTENT PRODUCER, who will be submitted to the Dutch jurisdiction.

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