Terms and conditions of use
Welcome to www.healthyactive.org’s digital information network (DIN). Below are the terms and conditions for using this network, which you can access through the World Wide Web via www.healthyactive.com. In the following terms and conditions, when we say “Our Site”, we are connoting that the DIN operated by or on behalf of www.healthyactive.org or its parent companies, subsidiaries and affiliates (collectively “Our Network”), regardless of how you access the network. However you access www.healthyactive.org, you agree to be bound by these terms and conditions.
-
Registration
You may access areas that are restricted until registration on www.healthyactive.org by becoming a registered member and creating an account on “Our Site”. You agree to be responsible when it comes to maintaining your passwords’ confidentiality or any other account identifier which you choose as well as all activities that occur under your account.
By registering on the www.healthyactive.org Site, you agree that:
(i) your account and password are known only to you and may not be used by anyone else to access the Site;
(ii) you will abstain from doing anything which would aid anyone who is not a registered user to gain access to areas that require registration on www.healthyactive.org; and
(iii) you will not create any registration accounts with the intent to abuse the functionality of the site (or other users), nor will you seek to pass yourself off as another user.
You also agree to notify us immediately if you become aware of any unauthorized usage of your password and/or account identifiers by anyone outside of yourself.
-
Termination of registration
If you no longer wish to have a registered account with www.healthyactive.org, you may terminate your account with us by sending an email to [email protected]. If you no longer accept these terms and conditions listed or any future modification to these terms and conditions, you must cease using www.healthyactive.org and/or all links available on “Our Network”. Continued use of www.healthyactive.org indicates your continued acknowledgment and acceptance of these terms and conditions.
If for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of www.healthyactive.org immediately and without prior notice.
We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has been terminated.
-
Use of material appearing on “Our Site”
Your use of www.healthyactive.org is for your own personal and non-commercial use only. You acknowledge that, as an agreement between “Our Site” and you, except for user content and advertisements (discussed below), www.healthyactive.org is the sole owner of all content on “Our Site”, including, without any limitation, all applicable patents, trademarks, copyrights, trade names, trade secrets, logos, and other intellectual property rights thereto, as well as any images, text, logos, graphics, video, audio, and other material appearing on the www.healthyactive.org (“Our Site”).
“Our Network” and its content are protected by the copyright laws and other intellectual property laws of the United States and the United Kingdom and are protected globally by applicable international copyright treaties.
You may download and print extracts from www.healthyactive.org for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
You may not use any of “Our Site’s” Content for any other purpose without our prior written approval. Except as expressly authorized by www.healthyactive.org, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on “Our Network.”
If you wish to use our content other than as permitted by these terms and conditions, please contact us at [email protected]. If you operate a news aggregation service that charges a subscription fee to its users, then you need to approach the NLA directly to discuss your licensing requirements. Please see nla.co.uk.
For all other inquiries about the distribution or reproduction of the materials, please contact [email protected]
-
Disclaimer of liability
To the extent permitted by law, we do not accept any responsibility for any statement in “Our Site’” Content. Nothing in the “Our Site’s” Content is provided for any specific purpose or at the request of any particular person.
For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to “Our Site’s”Content or any part of it.
You can access other sites via links from www.healthyactive.org. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning “Our Network’s” Content. In particular, we do not warrant that www.healthyactive.org or any of its contents is virus free. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to www.healthyactive.org, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
If you are accessing www.healthyactive.org from the United States, the additional disclaimers and limitations of liability in Section 13 apply.
-
Third-party advertising on “Our Site”
You will see advertising material submitted by third parties on “Our Site”. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission, or inaccuracy therein.
If you want to advertise on the www.healthyactive.org, please contact the sales team via [email protected]
-
User content
Users of our site may be permitted to submit content for publication in various areas of “Our Site”. Interactions with our site are governed by our Community Standards and Participation Guidelines, which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to “Our Site”.
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to “Our Site”.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish and/or transmit, and to authorize third parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereafter invented.
You acknowledge and agree that when you post content on “Our Site” or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, or completeness, of that content.
You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of www.healthyactive.org, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on “Our Site”.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
You warrant that the content you submit to us is not threatening, libelous, harassing, obscene, fraudulent, deceptive, defamatory, offensive, or invasive of another’s privacy of any person or illegal in any way. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
You agree not to (i) use “Our Site” to post or otherwise transmit content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (ii) post content which is deliberately intended to upset or harm other users; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of “Our Site” or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of “Our Site”, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use “Our Site” for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of “Our Site” may involve (i) transmissions over various networks; and (ii) changes to the content to conform and adapt to the technical requirements of connecting networks or devices. www.healthyactive.org assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to “Our Site”.
If you are under 16, you confirm that you have permission from your parent or guardian to submit content.
Any queries regarding copyright and your content should be directed in first instance to [email protected]
-
Data protection
To find out what personal data we collect and how we use it, please visit our privacy policy at https://www.healthyactive.org/privacy-policy/.
-
Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do so without your consent. Any revised terms and conditions will be applicable at the time of posting on “Our Site”. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use www.healthyactive.org after it has been posted.
-
Governing law & jurisdiction (except for US users)
These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts, provided that use of “Our Site” in the United States is governed by Section below entitled Governing law & jurisdiction (for US users)
-
Indemnification
You agree to defend, indemnify, and hold harmless www.healthyactive.org, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation, and warranties under these terms and conditions.
-
No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of www.healthyactive.org.
Additional terms of use for users in the United States
-
Additional restrictions on user content for US users
In addition to section 6 the terms in Section above, you agree not to use the “Our Site” to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
-
Governing law & jurisdiction (for US users)
If you have accessed “Our Site” from the US, these terms and conditions are governed by the laws of the United States of America and the laws of the State of New York.
You agree that exclusive jurisdiction for any claim or dispute with www.healthyactive.org or relating in any way to your use of “Our Site” resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving “Our Network” LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of “Our Site” must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
-
Additional disclaimers
Visitors to “Our Site” agree that their use of “Our Site” is at their own sole risk. “Our Site” is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of “Our Site”; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose.
www.healthyactive.org also makes no representations and warranties as to any linked sites and www.healthyactive.org has no liability or responsibility with respect to your use of such sites. In some instances, content made available on “Our Site” may represent the opinions and judgments of providers or users, such as user content. www.healthyactive.org and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on “Our Site” by anyone other than authorized www.healthyactive.org employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by “Our Site”, including, without limitation, those damages or injuries occurring as a result of (i) any error, omission, deletion, or defect in the content available on “Our Site”; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. www.healthyactive.org does not warrant or guarantee that access to “Our Site” will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
-
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL WWW.HEALTHYACTIVE.ORG OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE “OUR SITE,” INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN “OUR SITE”. THE EXCLUSION OF LIABILITY IN THIS SECTION 16 APPLIES EVEN IF WWW.HEALTHYACTIVE.ORG SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, WWW.HEALTHYACTIVE.ORG’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING WWW.HEALTHYACTIVE.ORG’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).