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TERMS OF USE

IMPORTANT: THESE TERMS OF USE (THE ´TERMS´) REPRESENT A LEGAL AGREEMENT BETWEEN YOU (`YOU´) AND Buleria Body Training International Corporation SL (`OLEFIT´ OR `WE´), THE OWNER OF OLEFIT .COM, AND ALSO THE MOBILE APPLICATION Olefit (JOINTLY, THE `SITE´), AND THE CONTENTS AND MATERIALS AVAILABLE AT THE SITE (THE `CONTENT´). CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. USE OF THE SITE OR ACCESS TO ITS CONTENT IMPLIES ACCEPTANCE OF THESE TERMS, WHICH GOVERN THE USE OF THE SITE. READ THESE TERMS OF USE CAREFULY BEFORE USING THE SITE BECAUSE THEY AFFECT YOUR RIGHTS AND LEGAL OBLIGATIONS. IF THERE ARE TERMS IN THE AGREEMENT TO WHICH YOU ARE OPPOSED, YOUR ONLY RECOURSE WILL BE TO STOP USING THE SITE.

Use of the Site does not give rise to property rights in respect of the Content, the code, data or materials you may access on the Site. You can visualize the Site Content on your PC or other Internet-compatible device. Distribution, publication or exploitation of the Site or of any type of Content, codes, data or materials located thereon is strictly prohibited without prior express permission from Olefit or the corresponding holder of the rights. The Site has functions which permit the obtaining of rights to use specific Site Contents, including music, videos, photographs, etc. In such situations, your rights to use such Content are strictly limited to those rights expressly granted by Olefit for such situations. In all other cases, it is forbidden to copy, reproduce, distribute, exhibit publicly, sell, create derivative works, decompile, apply reverse engineering, disassemble or exploit in any other manner Contents, codes, data or materials from the Site, including but not limited to music, videos or photographs. If you use the Site or the Content, codes, data or materials on the Site in a manner not stipulated above, you may be in violation of copyright and other laws of the United States and other countries, as well as of corresponding state laws, and may be subject to penalties for such unauthorized use. Olefit shall aggressively enforce compliance with its intellectual-property rights to the maximum extent permitted by law, including the filing of criminal charges.

Use of and access to certain parts of the Site shall only be available to members of the Olefit® Master Instructors Network. Only eligible Members with active memberships can access these parts of the Site. In the event that a person cancels or fails to renew his Olefit® Membership or if the membership expires or terminates for any reason, access to those parts of the Site shall immediately be disabled, and the person shall no longer be able to access that content (including, for example, access to choreography and music videos). In order to obtain more information and become acquainted with the specific terms of use pertaining to the OLEFIT platform, read the OLEFIT frequently-asked-questions section (available at olefit.com). This information is deemed incorporated into these Terms by way of reference.

By using this Site, you irrevocably accept these Terms. Some parts of this Site may be subject to additional terms that will be available for your review before accessing those parts. Those additional terms, deemed incorporated into this document, neither modify nor replace these Terms, unless otherwise expressly indicated.

Olefit at all times and without warning reserves the right to modify, alter, update, or eliminate parts of the Terms. It is therefore recommended that you periodically review the Terms. Your continued use of the Site means that you accept the changes. Failure by Olefit to enforce compliance with these Terms for whatever reason does not constitute a waiver of its subsequent enforcement rights.

1. HOW TO COMMUNICATE WITH US

This Site is controlled and operated by BULERIA BODY TRAINING INTERNATIONAL TRAIDING, S.L., a company with registered address at calle Velázquez number 157, 1º C in Madrid (28002) with tax identification number B-87105383, and email address info@olefit.com y telephone 915 245 704. Send comments and complaints with regard to the Site or the Content to info@olefit.com

2. COMMUNITY CONDUCT

It is forbidden to reproduce, sell, resell, or in any other manner exploit resources or access to any resource or Site Content.

You agree not to (a) sell products other than Olefit products; (b) send spam or promote events, materials, companies or products not belonging to Olefit; (c) transmit negative or harmful messages about any person, a place or company; (d) establish links with inappropriate videos or websites; (e) mention the copy of music or videos, which could constitute a violation of copyright laws; (f) take any measure intended to threaten, intimidate, or harass other users of the Site or which is abusive, objectionable, harmful, illegal, abhorrent or discriminatory on gender, ethnic or racial grounds; (g) encourage or promote criminal activities or ventures nor provide instructions or directions for the performance of such illegal activities; (h) request personal-identification information or passwords from other users for illegal or commercial ends; (i) carry out commercial and/or sales activities of any type without our prior written consent; (j) promote the illegal or unauthorized copying of work protected by another person’s copyright, provide information in order to evade devices with anti-copy protection installed during manufacturing, nor supply pirated music or links to pirated music-files; nor (k) act for and on behalf of another person or entity in order to obtain unauthorized access to PCs, software or data belonging to Olefit or any other person.

Olefit shall eliminate all messages deemed inappropriate from the Site. Olefit reserves the right to take final decisions with regard to evaluations of appropriateness.

Olefit® reserves the right to take all final decisions regarding suitability.

Olefit reserves the right to investigate possible violations of the Terms, which includes the collection of information from the implicated user(s) and from the party filing the claim. You hereby authorize Olefit and its agents to cooperate with (a) law enforcement authorities in the investigation of possible violations that could constitute crimes, and (b) administrators of Internet service-provision systems, other computer or network entities or other third parties, in order to effect compliance with the Terms. This cooperation may involve the disclosure of personal identification information. UPON ACCEPTANCE OF THE TERMS, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS OLEFIT, LLC IN RESPECT OF ALL CLAIMS STEMMING FROM ANY ACTION TAKEN BY A MEMBER OF BULERIA BODY TRAINING INTERNATIONAL TRAIDING, S.L. DURING THE COURSE OF ITS INVESTIGATION OR AS A RESULT THEREOF AND/OR STEMMING FROM MEASURES TAKEN AS A CONSEQUENCE OF ANY INVESTIGATION.

Although users of all ages are invited to browse the Site, an account can be established only by persons who are at least 18 or who have reached the legal age established for the state, province, or country in which they reside, and by those persons who have not reached either 18 or legal age but who hold the status of emancipated minors or who have obtained legal consent from their parents or legal guardian to enter into this Agreement, send content, participate on the Site and fulfil the obligations stipulated in this Agreement, which represents a binding contract between you and Olefit. In order to acquire products/services from the Site and to access/use some of the functions of the Site, you may need to set up and use an account. In addition to one’s name and contact information, one may need to present a valid credit card number, an invoicing address and related invoicing information in connection with one’s account. When registering to create an account, you must (i) provide accurate and true information, and (ii) update this information periodically as needed in order to maintain the validity and accuracy of the information on record. Upon establishing an account, you represent and warrant that you have the rights and authorization required to supply the information provided when registering to create the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to that information and to our PC. You will be responsible for all activities carried out within your account and using your password.

3. PRIVACY

Consult the Olefit’s privacy policy, which has been incorporated into the Terms using this medium.

4. RELEASE OF LIABILITY AND WARRANTIES

The Content of this Site is provided solely for entertainment purposes. The Site and its Content are provided in the condition in which they are found and in accordance with their availability. USE OF THIS SITE IS AT YOUR OWN RISK AND EXPENSE. TO THE EXTENT PERMITTED BY THE LAWS IN FORCE, BULERIA BODY TRAINING INTERNATIONAL TRAIDING, S.L. EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPLICIT OR IMPLICIT, IN RESPECT OF THE SITE OR ITS CONTENT, WHICH INCLUDE BUT ARE NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP AND LEGAL COMPLIANCE.

NEITHER OLEFIT NOR THE SITE OFFERS MEDICAL ADVICE. THE SITE IS FOR THE EXCLUSIVE USE OF THE CONSUMER. THE CONTENTS OF THE SITE SHOULD NOT BE CONSIDERED NOR USED AS SUBSTITUTES FOR MEDICAL ADVISING, DIAGNOSIS OR TREATMENT. THE SITE, INCLUDING THE MATERIAL AND ALL RELATED INFORMATION AND SERVICES, DOES NOT CONSTITUTE THE PRACTICE OF MEDICAL ADVISING, DIAGNOSIS, TREATMENT, NURSING OR OTHER PROFESSIONAL MEDICAL-CARE SERVICES. ALWAYS REQUEST THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED MEDICAL PROFESSIONAL IN THE EVENT OF ANY DOUBTS REGARDING YOUR PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, IMMEDIATELY NOTIFY A MEDICAL CARE PROFESSIONAL.

OLEFIT NEITHER RECOMMENDS NOR ENDORSES PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION WHICH MAY BE MENTIONED ON THE SITE, INCLUDING ANY TYPE OF MATERIAL. YOU RELY AT YOUR SOLE RISK AND EXPENSE ON THE INFORMATION PROVIDED BY THE SITE, MATERIALS, OLEFIT EMPLOYEES, OR OTHER PERSONS APPEARING ON THE SITE OR MATERIALS.

Olefit makes no representations or warranties to the effect that (a) the Site or Content will fulfilled your expectations or requirements; (b) the functioning of the Site or the Content will remain uninterrupted, punctual, secure, accurate or free of errors, or that errors will be rectified; (c) a specific result will be obtained from the use of the Site, or that (d) the Site or the server will prevent the introduction of viruses or other harmful elements. These disclaimers shall be given effect to the extent permitted by applicable law.

5. USE OF CONTENT BY OLEFIT

You accept your responsibility for information, profiles, criticism, comments, messages, text, files, images, photos, videos, music, sounds or other content or materials (`User content´) that you send, upload, publish or supply or make available in any other manner for us or our suppliers through this Site or other means, which includes the user-Content uploaded or published on third-party websites such as Instagram, Twitter, Facebook, Vine, Pinterest and Google+ with reference to hashtags related to Olefit. Such presentations can be used on the Site and/or in other Olefit marketing materials, which includes the Site, email and social-network messages. You must be 18 or older in order to make presentations. If we select a presentation for use on the Site, it can be displayed with others along with your name and related information (for example, your nickname and profile photo) from your Instagram, Twitter, Facebook or Vine (whichever is appropriate) profile. We are under no obligation to show, present or use presentations, although we may do so at our sole discretion.

The presentations shall not be considered confidential or private, except as specifically stipulated in this document. Upon completing a presentation, you affirm, represent and warrant that you have the right to grant Olefit, its subsidiary entities, as well as providers and licensees, a perpetual, irrevocable, world-wide, non-transferable, irrevocable and sub licensable license and all non-exclusive rights, free of royalties, to use, reproduce, modify, adapt, publish, sell, assign, translate, use for the creation of derivative works, distribute, execute and show any presentation, as well as your name or nickname on Instagram, Twitter or Vine, your Facebook identity, profile photo, image, appearance, comments, publications, declarations or other information in any manner or by means of any channel, place, form, distribution technology or media now known or developed in the future, independently or as part of other works, without other notice or compensation. Likewise, you agree to allow us to use your Presentation and the ideas, concepts or knowledge it contains for any purpose, including but not limited to the development, manufacture, distribution and marketing of products Subject to the licenses granted under these Terms of use, you retain ownership of the copyright and advertising rights you may hold in respect of your presentations.

Upon making a Presentation you represent and warrant that you possess or otherwise control the corresponding rights and all related elements; that you possess the rights of all of the third parties appearing in the presentation to grant the license contained in these Terms for the names, images or appearances of those third parties and for all elements belonging to such third parties as is necessary in your Presentation and as part of it, and that the Presentation shall not infringe or violate third-party rights, including but not limited to copyright, trademarks, advertising and privacy rights, patents, trade secrets or confidentiality. Likewise, you represent and warrant that your Presentations comply with all laws, rules and regulations in force and with the third-party agreements to which they are subject, including the terms of use for Instagram, Twitter, Facebook, Vine, Pinterest and Google.

You also represent and warrant that your presentations do not constitute or contain software viruses, commercial requests, chain messages, bulk mail or any type of `span´. It is forbidden to use a false email address, impersonate a person or entity or deceive us in any other manner regarding the origin of a Presentation. You agree to compensate Olefit, our providers or third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. as well as their respective parent companies, subsidiaries, licensees, licensors and their respective public employees, directors, employees, successors, agents and assignees for all claims that arise in relation with (a) the use of any Presentation, including but not limited to all claims that arise from the violation of copyrights or trademarks, misappropriation, invasion of privacy, defamation, advertising rights and/or the dilution, alteration, editing, mutation, distortion, illusionary effect, defective reproduction, fictionalization or use in composite form of your (or of another person’s or entity’s) name, nickname on Instagram, Twitter or Vine, Facebook identity, profile photo, image, appearance, comments, publications, statements or other information and/or the Presentation; or (b) all tangible or alleged violations of any of these terms or laws in force committed by you.

Upon making a Presentation, you acknowledge and agree that the Presentation shall not be private (except as specifically stipulated in this document) nor confidential, that it may be available to the general public and that we shall be able to use it without restrictions. Likewise, with regard to any Presentation, you irrevocably waive any `moral right´ or other rights you hold with regard to the attribution of authorship or the integrity of materials in accordance with in-force laws or legal theories.

Olefit reserves the right, at its sole discretion, to edit all Presentations and to decide whether to include any Presentation on its Site or to use it in another manner. The Site may include opinions, statements and other third-party content. We shall not be responsible for investigating, supervising or verifying such content, including its accuracy, trustworthiness or compliance with copyright or other laws. All opinions, statements or other materials available through third parties on the Site reflect the stance of those third parties and not of Olefit, which does not endorse such opinions, statements or materials.

You acknowledge and accept that we do not control nor are we liable for damages stemming from the use (including but not limited to republication) or the abuse of the Presentation by third parties.

Comments, questions, suggestions, criticism or other information regarding our products or services sent by means of the Site (`Comments and suggestions´) shall not be deemed either confidential or private. We shall have complete freedom to use, reproduce, disclose and distribute such comments and suggestions in any form and without limitation. We specifically prohibit sending us information deemed confidential or private. If you send us this type of information or material, it shall not be confidential or private, and we shall be able to use it without incurring obligations or liability in relation to you.

You understand that we have no control over nor are we liable for comments and suggestions available through the Site and that, upon using the Site, you may be exposed to offensive, indecent, inaccurate, duplicitous or otherwise objectionable comments and suggestions. We expressly reject any liability for such Comments and suggestions. Hence, you accept that you must evaluate the use of Comments and suggestions and assume all related risks, that you cannot rely on such Comments and suggestions and that under no circumstances shall we be held liable for Comments and suggestions nor for losses and damages, regardless of the type, stemming from the use of published Comments and suggestions, whether sent by email or available in another form. You acknowledge that we have the right (although not the obligation) at our sole discretion to reject, eliminate, or remove Comments and suggestions for whatever reason.

Your interactions with organizations, events and/or persons contacted on the Site or through the Site are carried out exclusively between you and such organizations and/or persons. We expressly reject all responsibility for such organizations, events or persons.

6. LINKS TO THIRD-PARTY WEBSITES

The Site includes links to different third-party websites. We provide these links solely for your convenience. The third-party websites accessed through these links are not under our control. We have not reviewed all of the sites that are accessed from our Site and are not responsible for the contents available on those sites. The appearance of a third-party link on the Site does not mean that we have endorsed that site, its sponsors or the products or services offered on that site. Your use of any sites accessed by means of those links is at your own risk and expense.

7. COMPENSATION

You agree to compensate, defend and hold harmless BULERIA BODY TRAINING INTERNATIONAL TRAIDING, S.L. and its employees, directors, subsidiaries, agents, and sponsors against claims, damages, costs or other expenses (including reasonable attorney’s fees) arising directly or indirectly from: (a) your violation of these Terms or any statement made or warranty granted by you in accordance with these Terms; (b) the Presentations given by you; and/or (c) your activities in relation to the Site or Content.

8. LAWS AND JURISDICTIONS IN EFFECT

You agree to comply with all laws, statutes, orders and regulations in force in respect of the use of the Site and the purchase of products and services on the Site.

Olefit controls the Site (except the sites with third-party links) from its corporate headquarters in Madrid, Spain. We make no representations with regard to whether the content is appropriate or available for your use at specific locations. Access to the Site or the Content in jurisdictions where such access or Content is illegal is prohibited. Users are exclusively responsible for complying with all of the laws of their jurisdictions. The laws of Spain, specifically those that exclude choice or conflict of law principles, shall govern all controversies related to or stemming from your use of the Site (`Disputes´). Thus, you agree to submit to the exclusive and personal jurisdiction and location the EU, Madrid, Spain, or the jurisdiction of any court located in the EU for the settlement of all disputes related to the Site or the Content.

Likewise, you acknowledge and understand that with regard to any disputes: YOU WAIVE YOUR RIGHT TO ACT AS REPRESENTATIVE, PRIVATE ATTORNEY OR IN ANY OTHER CAPACITY OF REPRESENTATION OR TO PARTICIPATE AS A MEMBER OF A CLASS ACTION SUIT IN ANY LEGAL LITIGATION RELATED TO A DISPUTE.

In the event that we incur attorneys fees in relation to the collection of sums owed by you in accordance with these Terms, we shall have the right to recover such charges and expenses from you.

9. COPYRIGHT AND REGISTERED TRADEMARKS

The Site and the Content are owned by BULERIA BODY TRAINING INTERNATIONAL TRAIDING, S.L., and its licensors and are protected by EU legislation and international copyright laws. All copyrights, trademarks and other property rights with regard to the Site and the Content, services, products, software, texts, graphs, design elements, audio, music and all other material created or used by BULERIA BODY TRAINING INTERNATIONAL TRAIDING, S.L. on the Site or other location are reserved for BULERIA BODY TRAINING INTERNATIONAL TRAIDING, S.L. and its licensors.

The registered Olefit trademark at the international level is as follows: Olefit® in addition to other terms and logotypes. Likewise, we have trademark rights for the following Olefit® term: in addition to other terms and logotypes.

In addition, the Site may contain trademarks, logotypes and links to third-party websites. Third-party logotypes, domain names, URL addresses, or trademarks appearing on the Site or in the Content belong exclusively to their respective proprietors.

If you believe that any Content infringes your copyright, provide the following information to our copyright agent: (a) an electronic or physical signature from the person authorized to act for and on behalf of the holder of the copyright interests; (b) a description of the work with the copyright that has been infringed in accordance with your claim; (c) a description of the content of the photography and/or video that infringes rights according to your claim and the location of this content on the Site; (d) your address, telephone number and email address; (e) a written declaration expressing your good-faith belief that the disputed use is not authorized by the copyright holder, his agent or legislation; (f) a declaration made by you under penalty of perjury indicating that the previous information is accurate and that you are the copyright holder or the person authorized to act in his name. To the extent permitted by law, specifically the Law of Copyright, a counter-notification can be sent to the agent designated by Olefit, who is indicated below. All counter-notifications must include responses to the previously mentioned requirements, including required signatures and statements. The contact information for our copyright agent with regard to notifications of claims related to copyright violations is as follows: SPYN Advisors SL, Calle Serrano number 51, 2º Derecha, 28006 – Madrid (Spain), Telephone: +34 914 26 11 55, Fax: +34 914 31 35 54, Email: despacho@spyn.es

10. TERMS AND TERMINATION

These Terms and your right to use the Site shall take effect when you install, download, access or use the Site or the materials and shall remain in force until the agreement is discharged, as indicated below. These Terms shall be cancelled automatically if you do not comply with some of the terms and conditions described. Olefit also reserves the right to cancel these Terms (including all registered accounts) at any time and on reasonable grounds, which can include, among others, a reasonable belief that fraud, illegal activity, actions or omissions that violate a term or condition of these terms have taken place. Olefit also reserves the right to cancel these Terms based on the necessity to protect its name, business, reputation and/or other user. You acknowledge and accept that Olefit shall have the exclusive right to determine, at its own discretion, whether you have participated in unauthorized activities and/or violated any of the terms and conditions of these Terms. Furthermore, Olefit shall not be liable for damages or losses, such as loss of sales or earnings, stemming from the cancellation of these Terms in accordance with this Section. Also, you may terminate this Agreement at any time if you stop all use of the Site. However, all rules corresponding to these Terms shall remain in effect subsequent to termination, as indicated below. Cancellation of these Terms shall lead to the immediate termination of Olefit licenses and all rights to use the Site. The rules concerning Comments and suggestions, Olefit property rights, the granting of the user-content license, representations and warranties, disclaimers of warranties, the limitation on liability, laws in force, compliance with rules, cancellation and several terms shall be maintained after these Terms are cancelled or expire for whatever reason.

11. MOBILE SERVICES

The Site may include specific services that shall be available by means of your mobile phone or other mobile device if subscribed to, which include the capacity to use your mobile device to receive and respond to messages from Olefit and access other functions (jointly, `Mobile services´). By means of the use of mobile Services, you accept that Olefit can communicate through SMS, MMS or other electronic means with your mobile device, and that specific information regarding your use of mobile Services can be communicated to Olefit. In the event that you change or disable your mobile phone number, you accept the immediate updating of the account information linked to your mobile subscription in order to ensure that Olefit messages are not sent to another person who acquires your previous mobile phone number. It should be noted that the usual rates for messages, data and other types associated with your mobile operator shall remain applicable to the use of mobile Services. In addition, the downloading, installation or use of specific mobile Services may be prohibited or restricted by your mobile operator, and the possibility exists that some mobile Services will not function with all operators or devices. Therefore, you are responsible for consulting your mobile operator in order to determine if the mobile Services are available for your devices, what the restrictions are (if any) which may be applied to your use of the mobile Services, and what the cost is for the use of these services.

Privacy notification: consult the Privacy policy  of Olefit.