Universal Pictures Visual Programming (“UPVP”), its parent, subsidiary and affiliated companies (collectively, “NBCUniversal” or “we” or “our” or “us”) maintain the Website for purposes of: (i) registering Tabata consumers and/or users to provide them with access to information about the Tabata Method and Concept (as defined below) (“Tabata”), enrollment in Tabata courses and other offerings; (ii) allowing Website users to enroll in Tabata training courses; and (iii) additional marketing and customer service purposes. You may use material displayed on the Website for non- commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, copy, distribute, modify, transmit, reuse, re-post, or use the content of the Website, including the text, images, audio, and video, for any purpose without NBCUniversal’s written permission.
Tabata Method and Concept: shall mean the concept, format, structure and content of the Tabata exercise routines, official Tabata know-how and Tabata products as developed and endorsed by Professor Tabata and Universal and provided to Licensee by Universal (as described and detailed in Schedule 1 hereunder).
NBCUNIVERSAL MAY CHANGE THE WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME, AND FOR ANY REASON OR NO REASON.
THE WEBSITE IS CONTROLLED AND OPERATED BY A UPVP-AUTHORIZED THIRD PARTY FROM UPVP’S OFFICES OR SUCH THIRD PARTY’S OFFICES WHICH MAY BE LOCATED WITHIN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. THIS SITE IS INTENDED FOR USE BY USERS IN THE UNITED KINGDOM AND UNITED STATES OF AMERICA ONLY. UPVP MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS AND OTHER COUNTRIES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF ANY, TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
The TABATA OFFICIAL website offers an opportunity for users to enroll and pay for courses to train them in Tabata. Users who register their details for courses and sign up for the associated fees shall be required to read and accept additional Terms and Conditions of Course Enrollment.
1. Registration. You may be required to register on the Website in order to access certain features. You agree to provide us with current, complete, and accurate information in connection with your Website registration. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. NBCUniversal is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
2. System Requirements. Use of the Website requires a computer with Internet access (for which your ISP may charge you fees), and certain internet browsing software (fees may apply), and may require you to obtain updates or upgrades from time to time. Because use of the Website involves hardware, software, and Internet access, your ability to use the Website may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
3. Software. NBCUniversal and its suppliers grant you a personal, non-exclusive, revocable license to use the software and associated content (e.g., text, images, video, graphics, music, sound) made available to you on the Website only for and during the authorized use of the Website and/or the product to which the software and content relate. You may not copy, download, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any software or associated content unless NBCUniversal or its suppliers have expressly allowed you to do so. Some Website features, software, and associated content may be accompanied by an end user licence agreement (“EULA”) or may indicate specific authorized uses or restrictions, in which case the EULA or those other rights and restrictions will apply. Copyright and other intellectual property laws and treaties protect the software and content associated with the Website.
We may disable some or all of the software at any time and for any reason. Except as otherwise set forth herein, the licenses granted to you to particular software under this section will end on the earlier of the date we disable such software or the date that you or we terminate your Account.
NBCUniversal neither warrants nor represents that your use of software, content, and/or other materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with NBCUniversal.
5. PLEASE READ CAREFULLY. THIS SECTION LIMITS NBCUNIVERSAL’S RESPONSIBILITY TO YOU FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR RISK. NEITHER NBCUNIVERSAL (INCLUDING ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AFFILIATES, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AND AGENTS) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE (COLLECTIVELY, “NBCU PARTIES”) SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, CONTENT, CODE OR SOFTWARE AVAILABLE THROUGH THE WEBSITE, OR THE WEBSITE ITSELF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OR ALL OF THE NBCU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ANY NBCU PARTY AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCOUNT OR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AN NBCU PARTY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE NBCU PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. WHILE NBCUNIVERSAL USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, NBCUNIVERSAL MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ITS ACCURACY. THE NBCU PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. WHILE NBC UNIVERSAL TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO ONLINE WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE NBCU PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE NBCU PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE OR USE OF THE WEBSITE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE NBCU PARTIES IS TO STOP USING THE WEBSITE, AND TO CANCEL YOUR ACCOUNT(S). NBC UNIVERSAL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Submissions. While we are always happy to hear from you, it is NBCUniversal’s policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as videos, technical concepts, know-how or techniques. Any communication or material you do transmit to the Website and/or to other users via the Website (including, without limitation, your use of the Communication Features as defined below) by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be owned by NBCUniversal and NBCUniversal or its affiliates may adapt, change, license, perform, sell, reproduce, disclose, transmit, publish, broadcast, post or otherwise use it as they see fit. Furthermore, NBCUniversal is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By transmitting or posting an unsolicited submission you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that you waive any right to make any claim against NBCUniversal, its parents, subsidiaries or affiliates relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.
8. Interactive Services and User Materials. The Website may offer interactive components such as bulletin boards, chat rooms, blogs, and forums. NBC Universal does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to the Website by you or other users (collectively, “User Materials”). NBC Universal is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, NBC Universal reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. NBC Universal is not responsible or liable for damages of any kind arising from any User Materials even when NBC Universal is advised of the possibility of such damages, or from NBC Universal’s alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials you post to or through this Website. Any violation of these provisions can result in the termination of your access to the Website, and possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by NBC Universal will not infringe or violate the rights of any third party in any manner.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with this Website, you are granting NBC Universal and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. NBC Universal also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this Website is not necessarily those of NBC Universal or its content providers, advertisers, sponsors, affiliated or related entities, and NBC Universal makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. NBC Universal does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and NBC Universal has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this Website is “public,” and in addition to the license granted to NBC Universal, other users will have access to your User Materials and might copy, modify or distribute them.
9. User Code Conduct. In accessing and using this Website and any of the Website forums, you agree that you will not:
. Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page). . Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through Website, or any postings which advocate illegal activity. . Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable. . Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability. . Deliver, or provide links to, any postings containing defamatory, false or libellous material. . Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity. . Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships. . Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another. . Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver. . Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references. . Use the Website in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Website, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment. . Attempt to gain unauthorized access to this Website, other accounts, computer system, or networks connected to this Website, through hacking, password mining, or any other means. . Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website, including harvesting or otherwise collecting information about others such as email addresses.
13. Website Operations. The Website is controlled and operated by NBCUniversal or a third party authorized by NBCUniversal (“Third Party”) from its offices or such Third Party’s offices which may be located within the State of California, United States of America. NBCUniversal makes no representation that materials in the Website are appropriate or available for use in other locations and other countries. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. United States Export Controls. Software from this Website is subject to United States Export Controls. No software from this Website may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.