IMPORTANT: PLEASE READ THIS LIABILITY DISCLAIMER CAREFULLY. BY ACCESSING OR USING THE THIRD DIMENSION FITNESS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE LIABILITY DISCLAIMER. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THE PLATFORM.
Liability Disclaimer: The use of the Third Dimension Fitness Platform is at your own risk. Users are solely responsible for their safety, especially while using a virtual reality headset and cardio equipment. Both of these devices have individually had multiple reports of accidents. You agree to exercise utmost care and attention when using them.
Welcome to Third Dimension Fitness, a mixed reality app and website ("the Platform"). By accessing or using our Platform, you agree to comply with and be bound by the following Terms of Service. Please read these Terms carefully before using the Platform.
1. Acceptance of Terms
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy. If you do not agree to these Terms, please refrain from using the Platform.
2. Use of the Platform
a. Eligibility: You must be at least 13 years old to use the Platform. By accessing or using the Platform, you represent and warrant that you are 13 years of age or older.
b. Account Registration: In order to access certain features of the Platform, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep your account information updated.
c. User Responsibilities: You are solely responsible for your use of the Platform and for ensuring your own safety while using the Platform. This includes, but is not limited to, exercising caution and common sense while using a virtual reality headset and cardio equipment. Both of these devices have individually had multiple reports of accidents, and you agree to exercise utmost care and attention when using them.
d. Prohibited Activities: You agree not to engage in any of the following activities while using the Platform:
i. Violating any applicable laws or regulations.
ii. Interfering with or disrupting the Platform or its associated servers and networks.
iii. Engaging in any activity that may compromise the security or integrity of the Platform.
iv. Harassing, intimidating, or otherwise harming other users.
v. Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
vi. Attempting to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform.
e. Third-Party Content: The Platform may contain links to third-party websites, services, or content that are not owned or controlled by Third Dimension Fitness. We do not endorse or assume any responsibility for such third-party content. Your interactions with third-party websites or services are solely between you and the third party, and you agree that Third Dimension Fitness shall not be liable for any loss or damage incurred as a result of such interactions.
3. Intellectual Property
a. Ownership: The Platform, including all content, features, and functionality, is owned by Third Dimension Fitness and its licensors. All intellectual property rights are reserved.
b. Limited License: Third Dimension Fitness grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of the Platform without explicit written permission from Third Dimension Fitness.
c. User Content: By submitting or posting any content on the Platform, you grant Third Dimension Fitness a worldwide, perpetual, irrevocable, royalty-free, fully-paid, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for any purpose.
4. Disclaimer of Warranty and Limitation of Liability
a. Use of the Platform is at your own risk. Third Dimension Fitness makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the content on the Platform. The Platform is provided on an "as is" and "as available" basis.
b. To the fullest extent permitted by law, Third Dimension Fitness disclaims any and all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Third Dimension Fitness does not warrant that the Platform will be uninterrupted, error-free, or free from viruses or other harmful components.
c. In no event shall Third Dimension Fitness be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use or performance of the Platform, even if Third Dimension Fitness has been advised of the possibility of such damages.
5. Indemnification
You agree to indemnify, defend, and hold harmless Third Dimension Fitness and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in connection with your use of the Platform, your violation of these Terms, or your violation of any rights of any third party.
6. Modifications to the Terms
Third Dimension Fitness reserves the right to modify or update these Terms of Service at any time without prior notice. By continuing to use the Platform after the modifications become effective, you agree to be bound by the revised Terms.
7. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration conducted by a mutually agreed-upon arbitrator.
8. Severability
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
By using the Third Dimension Fitness Platform, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you do not agree to these Terms, please refrain from using the Platform.