INFORMATION ABOUT US
The website www.wekinesis.com (the “Wekinesis”) is operated and managed by Technogym S.p.A. (“we”, “us” or “Wekinesis”). We are a company incorporated and located in Italy at the address via Calcinaro n. 2861, 47521 Cesena (FC).
We provide web-services to enable users to share content, become inspired by others and interact with individuals around the world who share a similar passion for functional training (the “Service”).
The Terms set out below apply to the whole content of the Wekinesis community (together with any pages/documents referred to within these terms and conditions). Please read these Terms carefully before using the Wekinesis Community.
By using our Wekinesis Community, you indicate that you accept these terms and conditions of use and that you agree to abide by them whether you are a guest or a registered user. If you do not agree to these terms and conditions of use, please do not use the Wekinesis website.
1.1. Some sections of Wekinesis can be visited by you as a guest, without logging in or registering. Other sections may require you to register or log-in. By accessing any section of Wekinesis, you implicitly accept and agree to comply with all of the Terms set out herein, as described above.
1.2. We have the right to change any of the Terms set out herein at any time by simply updating this page. You agree to check these Terms from time to time. Please also note that some of the Terms may be expressly varied, cancelled or superseded by special conditions or notices published in other sections of the Wekinesis website.
2. CONTENT AND INFORMATION YOU MAY UPLOAD TO THE WEKINESIS COMMUNITY - SHARING YOUR CONTENT AND INFORMATION WITH OTHERS
2.1. As a Wekinesis account holder you may submit content (“Content”) and information (“Information”). “Content” includes text, graphics, photos, sounds, music, videos, audiovisual combinations and other materials you may view on, access through or contribute to the Wekinesis community; “Information” includes personal information about you or other people you may connect with.
2.2. You understand that whether or not Content or Information is published we do not guarantee any confidentiality with respect to Content or Information.
2.3. You own all of the Content and Information you post on Wekinesis, and you can control how it is shared through your privacy and application settings. In addition:
b) For Content or Information that is covered by intellectual property rights, like photos and videos ("IP Content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with Wekinesis ("IP License"). This IP License ends when you delete your IP content or your account unless your Content has been shared with others, and they have not deleted it;
c) When you publish Content or Information using the "public" setting, it means that you are allowing everyone in the Wekinesis, to access and use that information, and to associate it with you (i.e., your name and profile picture).
d) We always appreciate your feedback or other suggestions about Wekinesis, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
2.4. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Wekinesis does not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with the Content.
2.5. By uploading any Content to Wekinesis, specifically including materials covered by copyright or any other law protections (such as the image rights on pictures), you represent and warrant that you have the legal authority to use and dispose of that Content and that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable us to use your Content for the purposes of the provision of the Service on Wekinesis, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
2.6. You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Wekinesis to use or possess in connection with the provision of the Service.
2.7. You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant us the license referred to in paragraph 2.5. above.
2.8. On becoming aware of any potential violation of these Terms, we reserve the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate your access for uploading Content which is in violation of these Terms at any time, without prior notice and at our sole discretion.
2.9. You further understand and acknowledge that in using Wekinesis, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such Content.
3. WEKINESIS CONTENT ON THE WEBSITE
3.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Wekinesis, and is subject to copyright, trade mark rights, and other intellectual property rights of Wekinesis or Wekinesis’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Wekinesis or, where applicable, Wekinesis’s licensors, unless for the purpose of receiving the Service. Wekinesis and its licensors reserve all rights not expressly granted in and to their Content.
3.2. You may print or download Content from Wekinesis for your personal, non-commercial use only as long as no document or graphic item of Wekinesis is changed in any way and any copyright is acknowledged.
3.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way from Wekinesis, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any copyright statement.
3.4. Our status (and that of any identified contributors) as the authors of material on Wekinesis must always be acknowledged.
3.5. Any other right or authorization not expressly mentioned in these Terms is expressly reserved.
4. YOUR SITE USAGE, BEHAVIOR AND MATERIAL
4.2. Except for the personal data that will be processed as described above, any material, content, etc. (Content) transmitted through or entered into Wekinesis shall be considered by us to be non-confidential. Therefore, we shall not undertake any obligation with regard to this Content, and Wekinesis (or the persons appointed by it) shall be free to copy, report, disclose, distribute, include or use these materials for any commercial and non-commercial use.
4.3. You agree not to enter into or transmit through Wekinesis any Content:
4.3.1. that is contrary to the law;
4.3.2. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory or discriminating, menacing, scandalous, inciting, blasphemous, damaging to obligations of secrecy, prejudicial to privacy or that may in any way cause annoyance or harm; or
4.3.3. for which the necessary licenses or approvals have not been obtained; or
4.3.4. that represent or encourage forms of behavior that may be considered to be offenses, that may give rise to a civil liability, that are in any way against the law, public order or good conduct or that harm third-parties’ rights anywhere in the world; or
4.3.5. that cause damage (including, without any restrictions whatsoever, computer viruses, logic bombs, Trojan horses, worms, defective components, corrupt data or other software with harmful content or capable of causing damage).
4.4. You may not abuse Wekinesis in any way. This includes, by way of example, the following commitments:
a) You will not send or otherwise post unauthorized commercial communications (such as spam) on Wekinesis;
c) You will not collect users' Content or Information, or otherwise access Wekinesis, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
d) You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Wekinesis;
e) You will not post anyone's identification documents or sensitive financial information on Wekinesis;
f) You will not tag users or send email invitations to non-users without their consent;
g) You will not upload viruses or other malicious code;
h) You will not solicit login information or access an account belonging to someone else;
i) You will not bully, intimidate or harass any user;
j) You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions;
k) You will not offer any contest, giveaway or sweepstakes ("promotion") on Wekinesis without our prior written consent. If we consent, you take full responsibility for the promotion and will follow our directions and all applicable laws;
l) You will not do anything that could disable, overburden, or impair the proper working of Wekinesis, such as a denial of service attack;
m) You will not facilitate or encourage any violations of this provision and these Terms.
4.5. Wekinesis will co-operate actively with the public authorities in charge of performing investigations and will comply with any court order requiring or ordering us to disclose the identity and to identify the subjects that transmit or enter material not in conformity with what is set out above and/or any applicable laws.
5. SITE LOG-INS
5.1. Your Wekinesis log-in is valid for you only. Any identification code, username, password or any other piece of information provided to you by Wekinesis as part of the security procedure must be treated by you as strictly confidential, and you must not disclose it to any third party (even within a network). We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions of use.
5.2. You shall be solely responsible for ensuring the confidentiality and use of the password and personally assume all risks and liability relating thereto.
5.3. You agree that you will be solely responsible (to Wekinesis and to others) for all activity that occurs under your account to Wekinesis.
6.1. Wekinesis and/or its users may display physiological data about your body along with information applications and content published through Wekinesis, which are intended only to assist you and other users with respect to fitness and wellness efforts. We are not a medical organization, and we do not and cannot give you medical advice or diagnoses. Nothing transmitted or contained in Wekinesis should be construed as medical advice or a diagnosis. Any data or reports generated through use of Wekinesis should not be interpreted as a substitute for a physician’s consultation, evaluation, or treatment. We urge you to seek the advice of a qualified physician before beginning any health, fitness & wellness related effort or regimen.
6.2. Notwithstanding any laws or regulations that are mandatory under any applicable law, Wekinesis allows you to visit the Wekinesis site on the express condition that we thereby give absolutely no declaration, guarantee, condition or other limit (including, without any restriction whatsoever, the implicit guarantees of good quality, suitability for the use proposed and observance of ordinary due diligence).
6.3. Commentary and other materials posted on the Wekinesis site are not intended to amount to advice on which reliance should be placed. We shall not be in any other way liable or held responsible in relation to any reliance placed on such materials by any visitor to Wekinesis or by anyone who may be informed of any of its contents.
6.4. Wekinesis is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
7. SITE ACCESS
7.1. Wekinesis shall endeavor as far as reasonably commercially possible to keep Wekinesis accessible. However, we shall not be held liable if, for any reason, Wekinesis cannot be accessed at any given time and for a certain period of time.
7.2. Access to Wekinesis may be temporarily suspended, including without prior notice, due to a system error, maintenance or repair, or any other reason beyond our reasonable control.
8.1. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Wekinesis or in connection with the use, inability to use, or results of the use of Wekinesis, any websites linked to it and any materials posted on it (including without limitation, the loss or damage due to the spread of viruses that may affect your electronic equipment (computer or otherwise), software, data or other property used for access to, use of or browsing Wekinesis by you or used to download material from Wekinesis or from other websites linked to Wekinesis), including, without limitation, any liability for:
• loss of data;
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.2. Nothing in these terms and conditions is intended to or shall be construed to limit or exclude the liability of any party for death or personal injury arising from our negligence, liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable laws.
9. LINKS TO AND FROM THE WEBSITE
9.1. Where Wekinesis contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have not performed any check on websites that are linked by Wekinesis and neither check nor are responsible for how the said websites are managed, their content and their availability to use. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access them by a link from Wekinesis, you do so at exclusively your own responsibility and risk.
9.2. If you wish to create your own link to Wekinesis, you may do so solely according to the following conditions:
a) the size or features of any of our trademarks and logos are not removed, deformed or altered in any other way;
b) the link does not mean, directly or indirectly, that we are promoting the products or services of any third party;
c) no form of relationship is created, attempted to be created or is in any way represented (expressly or impliedly) between Wekinesis and you, and no false or incorrect or inaccurate information about Wekinesis and/or Wekinesis is conveyed;
d) no rights are thereby granted to you in any way whatsoever to use our trademark or other intellectual property rights associated with such use, and all goodwill arising from such use shall become property of Wekinesis;
e) the link is not to a third party website that is not managed by you;
f) your website does not display content that is obscene, offensive or controversial, prejudicial to any intellectual property right or any other right of third parties or that in any other way violates legal provisions, regulations, public order or good conduct.
9.3. We reserve the right at all times to immediately cancel or suspend your right to create a link to Wekinesis and reserve our rights to take any other step if any of the terms of this clause are breached.
9.4. You agree to indemnify and hold us harmless from any loss, claim, expense (including legal expenses) or other liability that may arise from any breach by you of any of the conditions set out in this clause 9.
10. APPLICABLE LAW. DISPUTES.
These Terms are subject to Italian law. You agree that all disputes will be settled exclusively by the Court of Bologna, Italy, save that you hereby agree that (a) we shall have the right to sue to recover any amounts due to us in any jurisdiction in which you are operating or have assets and (b) we may commence legal proceedings in any jurisdiction in connection with the enforcement or protection of our intellectual and/or industrial property rights relating to Wekinesis or otherwise owned by us.