Terms and Conditions
Welcome to FitnessBeans.com, a property of BeansPublishing Limited, a body corporate doing business in the United Kingdom, registered company number: 7740652. This document constitutes a legally binding agreement (“Agreement”) governing the terms of providing you with our service.
Throughout this document, the words “FitnessBeans,” “FitnessBeans.com,” “BeansPublishing Limited,” “us,” “we,” and “our,” refer to us, BeansPublishing Limited, our website, FitnessBeans.com, or our service, FitnessBeans, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
Terms & Conditions
Access to and use of FitnessBeans.com both within the UK and internationally is provided on the following terms:
1. By using FitnessBeans.com you agree to be bound by these terms, which shall take effect immediately on your first use of FitnessBeans.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to FitnessBeans.com.
2. FitnessBeansmay change these terms from time to time and so you should check these terms regularly. Your continued use of FitnessBeans.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on FitnessBeans.com (including house rules) then the latter shall prevail.
Use of FitnessBeans.com
3. You agree to use FitnessBeans.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of FitnessBeans.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within FitnessBeans.com.
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on FitnessBeans.com and all content (including all applications) located on the site shall remain vested in FitnessBeansor its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use FitnessBeans.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any FitnessBeans.com content except for your own personal, non-commercial use. Any other use of FitnessBeans.com content requires the prior written permission of FitnessBeans.
5. The names, images and logos identifying FitnessBeans, or third parties and their products and services are subject to copyright, design rights and trade marks of FitnessBeans, and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of FitnessBeans, or any other third party.
Contributions To FitnessBeans
6. By sharing any contribution (including any text, photographs, graphics, video or audio) with FitnessBeans you agree to grant to FitnessBeans, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for FitnessBeans services in any media worldwide (including on FitnessBeans’ site accessed by international users).
7. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
8. In order that FitnessBeans can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give FitnessBeans permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
10. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with FitnessBeans.
11. If you do not want to grant FitnessBeans the permission set out above on these terms, please do not submit or share your contribution to or with FitnessBeans.com.
13. You agree to use FitnessBeans.com communities (including its forum/message boards and comments form) in accordance with the following Community Rules. These apply across all FitnessBeans.com community sites and services.
(i) About your posts:
- Contributions must be civil and tasteful.
- No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- Be patient: users of all ages and abilities may be taking part in the relevant FitnessBeans.com community.
- No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times. Please don’t re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
- No advertising or promoting.
- No spoilers: material which contains plot developments which haven’t been transmitted on UK television will be deleted unless submitted in a designated ‘spoilers’ area or marked as a ‘spoiler’.
- Contributions containing languages other than English may be removed.
- No impersonation.
- No inappropriate (e.g. vulgar, offensive etc) user names.
- URLs (web site addresses) can only be posted if allowed under any relevant local house rules.
- Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
(ii) Your FitnessBeans Account:
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
FitnessBeans reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple FitnessBeans accounts, or if an non UK user pretends to be a UK user, or disrupts any of our services in any way.
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any FitnessBeans community.
(iv) Legal requirements:
- You may not submit or share any defamatory or illegal material of any nature in FitnessBeans.com communities. This includes text, graphics, video, programs or audio.
- Contributing material to a FitnessBeans.com community with the intention of committing or promoting an illegal act is strictly prohibited.
- You agree to submit to or share with FitnessBeans.com communities only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of FitnessBeans or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
(v) If you’re under 16:
- Please get a parent’s or guardian’s permission before taking part in any FitnessBeans.com community.
- Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
(vi) If you breach these Community Rules:
If you fail to abide by these Community Rules (and/or any variations in relevant local house rules) when taking part in a FitnessBeans.com community, you will be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.
This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all of FitnessBeans.com community areas.
If you submit or share offensive or inappropriate content to or with any FitnessBeans.com communities or anywhere else on FitnessBeans.com or otherwise engage in any disruptive behaviour on FitnessBeans.com, and FitnessBeans considers such behaviour to be serious and/or repeated, FitnessBeans may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
FitnessBeans reserves the right to delete any contribution, or take action against any FitnessBeans account, at any time, for any reason.
14. Editors typically include images as part of their blog posts and the images that they are authorised to use includes the following:
- Images that are licensed from vendors
- Images that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes
- Images that are supplied by readers, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site
- Images that are published on photo hosting sites or other public photos sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
- Images that are commissioned by FitnessBeans
Images that we believe to be covered by the Fair Use Doctrine, such as:
- Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source
- Images that are used to illustrate a newsworthy story, where the image itself tells a story
- Images used in a transformative manner, such as parody
- Images that are widely distributed that they have become part of the news
If FitnessBeans receives any notice that an image is posted inappropriately, such as not keeping in line with the terms listed above, we reserve the right to remove that image.
Where possible, we will strive to ensure all images are credited with a link back to their source.
If you think we have published an image or text that violates your copyright under the Copyright Ordinance (Cap 528), please email firstname.lastname@example.org and we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
15. We have the right, but not the obligation, to monitor or review all materials posted by any users on the FitnessBeans Forum or within our editorial comments. We reserve the right to edit, refuse to post or to remove any information or materials that we believe is objectionable or violates this Agreement, the Terms & Conditions, or applicable laws or regulations. We may remove any review or comment at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such review or comment), or for no reason at all, with or without notice.
We may also impose limits on certain features, restricting your access to part or the entire website if it is believed that you may be in breach of these Terms & Conditions, any applicable laws/regulations and/or for any other reason without notice or liability to us. Furthermore, it is acknowledged and agreed that, any actions taken by us to improve the user experience of the website, including monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials shall not be deemed to create any duty towards you nor shall it be deemed a basis for any liability against us.
Disclaimers & Limitation Of Liability
16. The majority of content posted in FitnessBeans.com communities is created by members of the public. The views expressed are theirs and unless specifically stated are not those of FitnessBeans. FitnessBeans are not responsible for any content posted by members of the public on FitnessBeans.com or for the availability or content of any third party sites that are accessible through FitnessBeans.com. Any links to third party websites from FitnessBeans.com do not amount to any endorsement of that site by FitnessBeans and any use of that site by you is at your own risk.
17. FitnessBeans.com content, including the information, names, images, pictures, logos and icons regarding or relating to FitnessBeans, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, FitnessBeans excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. FitnessBeans does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by FitnessBeans is correct at the time of publication no responsibility is accepted by or on behalf of FitnessBeans for any errors, omissions or inaccurate content on the website.
18. Nothing in these terms limits or excludes FitnessBeans’ liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, FitnessBeans shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of FitnessBeans.com regardless of the form of action.
19. FitnessBeans does not warrant that functions available on FitnessBeans.com will be uninterrupted or error free, that defects will be corrected, or that FitnessBeans.com or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
21. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
22. The failure or delay of FitnessBeans to exercise or enforce any right in these terms does not waive FitnessBeans’ right to enforce that right.
23. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
24. FitnessBeans does not actually stock or sell any retail products promoted or listed on their site. FitnessBeans cannot be held responsible for any price, image or link errors – the price, image and description of the product at the destination retailer website is correct and final.
25. Accuracy of Information – Product specifications and other information have either been made accessible by suppliers, manufacturers, merchants, publications, publicists; or been gathered from public-domain sources. The intention of FitnessBeans is that all information on the website should be as accurate and up-to-date as possible. However, FitnessBeans cannot guarantee the reliability or the accuracy of the information contained within its pages. We urge our users to conduct their own research prior to purchasing from the stores promoted on FitnessBeans.com to ensure the accuracy of the prices. All the actions taken by the user of the website are the responsibility of the individual. FitnessBeans cannot make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided.
26. Relationship with Merchants – merchants listed on the FitnessBeans site are independent third parties and FitnessBeans is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any merchant you contact through this site is solely between You and the merchant. You agree not to hold FitnessBeans liable for any loss or damage of any sort incurred as the result of any business conducted with our merchants or as the result of the content provided by such merchants through FitnessBeans.com.
27. Payment – There is no charge payable to FitnessBeans for use of the site during the continuance of these Terms and Conditions. FitnessBeans shall have no responsibility for transmission of funds due to any third party provider or distributor with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party provider or distributor.
Modification Of Terms & Conditions
28. We may, in our sole discretion, modify or revise these Terms & Conditions at any time. Once changes are posted, these changes become effective immediately and if you use the website after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms & Conditions cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
27. If you have any questions, concerns or notices of violations to these terms and conditions, please contact the editor of FitnessBeans by sending an email to email@example.com.