1. General Terms
Welcome to Spartabells LLC (“Spartabells”). By accessing this Website or by using a Spartabells App/Software, you are agreeing to be bound by these Terms and Conditions of Use together with our Privacy Policy, and all applicable laws and regulations.
If you do not agree with any of these terms, you should not use or access this Website or the Spartabells App/Software. The materials contained on this Website and in the Spartabells App/Software are protected by applicable intellectual property laws.
2. Intellectual Property
© 20013-15 Spartabells LLC, New York. All rights reserved.
Spartabells, Three grips are better than one, the Spartabells logo, and “red spartabells circle” are trademarks of Spartabells LLC.
The Spartabells design is protected by multiple US and International Patents, Design Patents, and Pending Patent Applications. All content included on the Website is the copyright property of Spartabells LLC. All content is protected by United States and international copyright laws, including by the Berne Convention. The compilation of all content on this site is the exclusive property of Spartabells LLC and protected by copyright laws. All software used on this site is the property of Spartabells LLC.
If you believe any content or material herein infringes your copyright, you must give Spartabells a notice under the Digital Millennium Copyright Act by contacting our copyright agent at largeformatgraphics@gmail.com
3. Permitted Use
The content accessed on this Website accessed via the Spartabells App/Software, including Training Resources, are provided only for your personal use, general information and convenience. The content provided to users on either the Spartabells Website, the Spartabells App/Software, or on any of its Official Social Media Pages cannot be shared and this right of use can be revoked at will by Spartabells. Information contained herein can only be used, linked and shared according to allowed fair use doctrines.
4. Disclaimer of Warranties & Liabilities
The materials on the Website and the Spartabells App/Software are provided on AS IS and AS AVAILABLE basis with NO WARRANTY of any kind.
Spartabells makes no warranties, express or implied, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Spartabells does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials or on any sites linked to this site. No advice or information obtained by you from Spartabells or through the Website shall create any warranty.
By accepting these Terms and Conditions of Use, you agree that the use of Spartabells products, the Spartabells website alone or in conjunction with Spartabells products, or the Spartabells App/Software alone or in conjunction with Spartabells products, even if used as instructed is only offered suggestively and cannot result in any liability to Spartabells. For example, users given instructions as to the use of a Spartabells product or performance of a set of exercises remain liable for any damage or injury to themselves, others, or to the exercising environment.
5. Limitations on Damages
In no event shall Spartabells or its suppliers be liable for any loss or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising out of the use or inability to use the materials on Spartabells Website, the Spartabells products, the Spartabells App/Software, or any reliance placed by you on the completeness, accuracy or existence of any advertising on our Website and/or the Spartabells App/Software, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website and/or the Spartabells App/Software, any permanent or temporary inaccessibility of the Website and/or the SpartabellsApp/Software (or any features thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Website and/or the Spartabells App/Software.
These limitations on Spartabells liability to you shall apply irrespective of whether Spartabells has been advised of or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, Spartabells may only be liable for a sum equal to the fees paid by you for any Spartabells goods, services, Apps, or Software.
6. Revisions and Errata
Spartabells does not warrant that any of the materials on its Website are accurate, complete, or current. Spartabells may make changes to the materials contained on its Website at any time without notice.
7. Links, User Sharing & User Generated Content
Spartabells has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Spartabells of the site. Use of any such linked web site is at the user’s own risk.
This includes any third party service user’s use to share information about Spartabells, its Website, or users. Accordingly, users should familiarize themselves with the terms of use for third party services they utilize, including but not limited to Facebook, Twitter, Instagram or Google+.
8. License to Spartabells
By posting or submitting content to our Website or an Official Social Media Page, in accordance as well with our Social Media Disclaimer, you grant Spartabells a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, reproduce, adapt, modify, translate, publish, to publicly perform, display or distribute (through multiple tiers,) to digitally transmit, store, or perform, such contributed content, and to further sell, modify, create derivative works from or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.
9. Terms of Use Modifications
Spartabells may revise and update these Terms and Conditions of Use of this Agreement at any time without notice. By using this Website and/or the Spartabells App/Software, and continuing to access the Website and/or use the Spartabells App/Software, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
10. Personal Use of App/Software
You agree to make a personal use only of any Spartabells App/Software uploaded and installed onto any computer, pad, portable device, or phone. You agree not to sell, gift, or discard any computer, pad, portable device or phone with the Spartabells App/Software installed and to delete the Spartabells App/Software before you lose ownership of any device on which you have installed or used the Spartabells App/Software.
11. Governing Law
Any claim relating shall be governed by the laws of the State of New York without regard to any choice of law or conflict of law provisions. You covenant that any court of competent jurisdiction shall have sole and exclusive jurisdiction over any claim or controversy arising from either the Terms and Conditions of Use or Privacy Policy, and venue shall be proper in any such court. If you access the Website from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Spartabells makes no representation that materials on this site are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
12. Integration
These Terms and Conditions of Use along with the Privacy Policy constitute the entire understanding and agreement between you the user and Spartabells
13. Severability
If part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the remaining provisions of either the Terms of Use or Privacy Policy which shall remain in full force and effect.
14. Privacy Policy
Spartabells respects your privacy, and is committed to reasonable measures to safeguard any personal information you may share with us. We have provided an explanation in detail on how we fulfill this commitment and urge you to read our Privacy Policy.