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Terms of Use

Welcome to Myfitsociety (the "Service"). The following Terms of Use apply when you view or use the Service located at: https://myfitsociety.com and App "Myfitsociety". Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service or use this App. You are also advised to check this Terms of Use from time to time. Using our services subsequent to these changes means acceptance to the new Terms of Use. https:// myfitsociety.com and this App is owned and operated by Myfitsociety. This Terms of Use is legally binding between you and Myfitsociety.

PRIVACY POLICY
Myfitsociety respects the privacy of its Service users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy. For more information visit: https://myfitsociety.com/page/privacy-policy

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Service and are otherwise capable of forming legally binding contracts under applicable law. In the event that you are incapable of forming legally binding contract under your law, you agree that your parents or guardians have agreed and accepted to these terms on your behalf. If you are registering in behalf of your Company, you hereby warrant that you have proper authority to do so. We reserve the right to change, cancel or terminate username for in case of any violation of trademark or intellectual property.

ACCESS
If you are a user who signs up for the Service, will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from Myfitsociety. We will not be liable to you for any reason that our site may be offline for any period. You are responsible for making all arrangements necessary for you to have access to Our Site, and for ensuring that all persons who have such access through your internet connection are made aware of these terms of use and other applicable terms & conditions, and that such persons comply with them. You are to secure your own username and password. We are not responsible for any misuse or in the event of third-party breach because of your negligence.

FEES AND PAYMENT
You agree to pay the subscription fees and any other charges incurred in connection with the Subscription (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your account. We accept the following payment method: ewallets, virtual account, bank transfer, credit card, debit card, retail outlets, cardless credit.

Subscription fees will be billed at the beginning of your Subscription or any renewal. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different payment method or there is a change in payment method (ie credit card expiration date), or if you believe someone has accessed the Subscription using your user name and password without your authorization, you must contact our Customer Care immediately. You are responsible for any fees or charges incurred to access the Subscription through an Internet access provider or other third-party service.

We may provide limited promo code or offer. Offers or discount cannot be stacked (1 promo code per use). We disclaim any responsibility in using such code.

CANCELLATION & REFUND
Cancellation shall only be acceptable before payment confirmation. Upon payment confirmation or when the payment has been sent, there will be no refund. If you cancel your subscription, you will not be billed on the next billing cycle and your current premium subscription will remain active until the end of the subscription cycle. 


To cancel your current subscription, you need to do it yourself and cannot be done on our end. If you made the purchase via website, you can cancel your subscription on your account. If you made the purchase via Appstore/Playstore, you need to cancel it through your Appstore/Playstore account.

RENEWAL
The Subscription will renew automatically, except as set forth below or unless we terminate it in accordance with this Agreement. You must cancel the Subscription before it renews in order to avoid billing of subscription fees for the renewal term to your payment method.

USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  1. post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  2. use the service for any unlawful purpose or for the promotion of illegal activities;
  3. attempt to, or harass, abuse or harm another person or group;
  4. use another user's account without permission;
  5. provide false or inaccurate information when registering an account;
  6. interfere or attempt to interfere with the proper functioning of the Service;
  7. make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  8. bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  9. publish or link to malicious content intended to damage or disrupt another user's browser or computer.


POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. However, we reserve the right to remove any User Content from the Service at our own discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  1. You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  2. You will not post information that is malicious, false or inaccurate;
  3. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  4. You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of any User Content. Myfitsociety does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service. In case of violations, we reserve the right to remove any user content.

OBLIGATION AND TERMS
You are bound to observe the following rules of conduct:

  1. Do not post any materials that violates any federal or state laws, including but not limited to libel, slander, antitrust, trademark, copyright, patent or unfair competition
  2. Do not advocate or discuss illegal activity
  3. Do not infringe upon a third-party copyright, nor invade the privacy or publicity rights of others
  4. Do not post anything protected by copyright without the permission of the copyright owner
  5. Do not post anything that is knowingly false, defamatory, profane, vulgar, obscene, threatening, abusive, hateful, racially offensive, pornographic, embarrassing or that has any potential to cause any harm or damage to anyone as determine by Myfitsociety in its sole discretion
  6. Do not use this website and app for spam, chain letters or junk mails
  7. Do not impersonate anyone or misrepresent who you are
  8. Do not post the sell/exchange of firearms, illegal drugs, and other prohibited

We have no obligation to and does not in its normal course, pre-screen, monitor or review all the materials posted online. We do not exert editorial control over all posts. However, Myfitsociety reserves the right to pre-screen, monitor and/or review all services and ads posted and suspend access as we may deem appropriate.  Data stored on our server stays on our server unless deleted. You agree that it is your responsibility to post accordingly and to hold us harmless from any liability for any issue that might cause by reason of your action. Myfitsociety reserves the right to disclose any information to satisfy any legal, regulatory or governmental request. In its sole discretion, Myfitsociety reserves the right to refuse to post or remove a post (“post” may include content, ads, services, opinions, comment, photos, etc…). Due to the real time nature of postings, it is impossible to pre-screen, review or monitor every post.

USER DISPUTE
You agree that we do not manage discussions provided through our website and app. Our moderators reserve their right in their own discernment, to remove or modify messages, or remove subscription or block its accessibility, change your account profile or change any user content posted on the website and app.  You also acknowledge that we are not party to your communication and we are a mere passive conduit with regard to your communications with other users or members. Thus in no case we shall be responsible for the conflict of your fellow user. Our assistance with your conflict is mere discretionary and not mandatory.

INJURIOUS REMARKS
You agree that you are entirely responsible for damages suffered by third parties (other sites and users) as an outcome of your feedback, remarks, info or other content published or provided on our website and app that are injurious or otherwise lawfully actionable. Under the law, we are not lawfully accountable, nor can we be called to account or responsible for damages of any kind, occurring out to any offending or otherwise lawfully actionable info, remarks, remark, or other content published or provided on this website and app.

REVIEW
We have no obligation to and does not in its normal course, prescreen, monitor or review all the content posted by you and other users. We do not exert editorial control over all posts of services. We reserve the right to prescreen, monitor and/or review all services and suspend access as our website and app may deem appropriate.

ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Myfitsociety, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Myfitsociety does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does Myfitsociety adopt nor endorse, nor is Myfitsociety responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. We take no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances that we will be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, however, you may be exposed to other User Content that is inaccurate or objectionable. We reserve the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user's access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Myfitsociety shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the law. If you become aware of misuse of our Service, please contact us https://myfitsociety.com/page/contact-us

MATERIAL DISCLAIMER
This website and app offers information that is used for informational use only and we are not responsible for its accuracy. You agree that such are provided on “as is” and “as available basis”. We disclaim any responsibility neither from the source, objectivity or correctness of any sort of information presented.

LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, Myfitsociety may provide you with convenient links to third party web site(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. Myfitsociety has no control over Third Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Myfitsociety, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Appli Myfitsociety cations, Software or Content does not imply approval or endorsement thereof by Myfitsociety. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringe Accounts. Myfitsociety respects the intellectual property rights of others and requests that the users do the same. Myfitsociety has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers Myfitsociety may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.

(b) Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to Myfitsociety designated copyright agent at Myfitsociety:

  1. The date of your notification;
  2. A Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  8. In order to prevent baseless allegations, we require to submit a copy of your certification of your alleged copyright materials from your local Intellectual Property Office. We will not entertain baseless complaints.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the laws of Indonesia and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Myfitsociety copyright agent, Myfitsociety may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our own discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Myfitsociety a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

BETA FEATURES
You hereby agree to assume all risk by using our ‘BETA’ features. Features that is in BETA might still have some issues and only stored data temporarily. Once the production version of that feature come out, all data that is stored during BETA version will be removed. You agree not to hold us responsible for the erasure of data by reason hereof.

INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and Myfitsociety that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service's e-mail and messaging system, will not constitute legal notice to Myfitsociety or any of its officers, employees, agents or representatives in any situation where notice to Myfitsociety is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from Myfitsociety in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Myfitsociety provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about Myfitsociety and special offers. You may opt out of such email by changing your account settings or sending an email from https://myfitsociety.com/page/contact-us Opting out may prevent you from receiving messages regarding Myfitsociety or Special Offers.

WARRANTY
THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MYFITSOCIETY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MYFITSOCIETY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OROPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY IN CASE YOU FAILS TO ACCESS OUR SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MEDICAL DISCLAIMER
You agree that you have consult your physician before any fitness program. Although doing fitness program is not always a risk even for healthy individuals, however, certain types of exercise are riskier than others and all exercise are risky for some individuals. You agree that you are responsible for your own health and safety at all times. We are not responsible for any injury may occur for doing such fitness program.

LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall Myfitsociety, its affiliates, directors, or employees, or its licensors partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with Myfitsociety or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Myfitsociety has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In the event that Myfitsociety files a bankruptcy or closed this app, you agree that such is protected under bankruptcy laws. In such instance, no refund shall be issued or released except in accordance with insolvency laws.

MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Myfitsociety’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Myfitsociety. No purported waiver or modification of this Agreement by Myfitsociety via telephonic or email communications shall be valid.

ARBITRATION AND DISPUTE
Any dispute related to or arising from between us shall first be resolved by the parties through mediation.

Informal Mediation. The parties shall select a maximum of two (2) persons each as mediators. The mediators shall endeavor to collect information related to the dispute, propose agreements and facilitate negotiations in good faith. Any proposals and matters discussed during the mediation process constitute settlement discussions and shall be inadmissible in any subsequent proceedings. Within thirty (30) days from the date of written communication of the failure to reach settlement through this informal mediation, either party may give notice of its option to pursue formal mediation through Arbitration.

Condition Precedent. The parties agree that disputes must first be resolved through informal mediation before an action can be instituted in the courts of law. Neither party may resort to judicial proceedings unless:

  1. No timely request for mediation has been made;
  2. No settlement has been reached after 120 days from the initial request for informal mediation;
  3. To prevent serious or irreparable injury, a party is constrained to apply for interim relief from a court;
  4. Such resort to judicial proceedings has to be made prior to the running of the statute of limitations; or
  5. Confidential Information or Intellectual Property rights are involved in the dispute.


GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Myfitsociety to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Myfitsociety must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the laws of Indonesia, without regard to conflict of law provisions.

If any provision of this Agreement is adjudged by a court to be void or unenforceable such provision shall no way affect any other provision of this Agreement, the application of the provision in any other circumstances or the validity or enforceability of this Agreement and such provision shall be curtailed and limited only to the extent necessary to bring it within legal requirement.

Myfitsociety may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assignor delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy at https://myfitsociety.com represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agree mental or written, and any other communications between us relating to the subject matter of this agreement.