BODYCROSS TERMS OF USE
PLEASE READ THESE TERMS OF USE (“THE TERMS”) CAREFULLY BEFORE USING THE BODYCROSS SITE.
If you reside in one of the following countries, additional terms may apply to you and can be found at the end of these Terms. We indicate the specific conditions for each country in the corresponding conditions. These additional conditions take precedence over the Conditions below, except in the event of incompatible provisions.
Argentina, Australia, Brazil, Canada, Colombia, all European countries (with specific conditions for Austria, Belgium, France, Germany, Hungary, Italy, Poland, and Switzerland).
Welcome to the BODYCROSS community! You are reading these Terms because you are using a BODYCROSS website, digital experience, social media platform, mobile application, wearable technology, or other product or service, which is part of the BODYCROSS Project ("Project"). You may access the Project using a computer, mobile phone, tablet, console, or other technology, hereinafter collectively referred to as the "Digital Device". Your carrier's normal rates and charges apply to your Digital Device.
These Terms may be updated. In the event of a significant change, we will post a note on the Project or send you a notification. Please review all changes, and if you do not agree, please stop using the Project. If you continue to use our Project after notification of the changes, you will be deemed to have accepted the terms as modified, to the extent permitted by applicable law.
Terms of sale. By making a purchase from us, you also agree to the Terms of Sale that apply in your country or region.
Privacy policy. Our Privacy Policy describes the collection and use of personal data on the Project, and applies to your use of the Project.
Important Warning for Amateur Athletes. It is your responsibility to ensure that your participation in the Project does not affect your eligibility as an amateur athlete. Please check with your amateur athlete association to find out what rules apply to you. BODYCROSS is not responsible, and shall not be liable, if your use of the Project affects your eligibility as an amateur athlete.
1. BASIC RULES
ELIGIBILITY. To use the Project, you must be of legal age in your country or have authorization from your legal representative (parents, guardian). Different age restrictions may apply depending on the country for certain specific services of the Project.
REGISTRATION RULES. When you create an account with us, the following rules apply:
- Be Accurate: Provide accurate and up-to-date information.
- Be Yourself: Your entry must be personal. Do not create multiple BODYCROSS accounts, do not create a BODYCROSS account in someone else's name, or transfer your account.
- Keep Your Security: Keep your username, password, and login credentials secure and do not allow anyone other than yourself to use your account.
- Be Responsible: Immediately notify BODYCROSS of any unauthorized use of your BODYCROSS account. You are responsible for all activity through your BODYCROSS account – whether or not authorized by you.
2. OWNERSHIP OF CONTENT
Except for User Content (defined below), all content on our Platform – including text, software, writings, code, designs, graphics, photographs, sounds, music , videos, applications, interactive features, articles, news, diagrams, animations, labels, general illustrations and other content (hereinafter "the Content") - belongs to BODYCROSS, and makes the subject to copyright, trademark, patent and/or other statutory protections. BODYCROSS reserves all rights not expressly described in these Terms.
All trademarks, service marks and trade names (including the BODYCROSS word mark and design) belong to BODYCROSS and are registered and/or licensed by BODYCROSS. Your access to or use of the Project or Content does not grant you any license or other rights to the trademark, service mark and trade name.
You agree not to modify or delete any mention of ownership appearing on the documentation downloaded or printed from the Project.
In the event that BODYCROSS authorizes the downloading or use of Content consisting of works protected or likely to be protected by copyright, BODYCROSS grants you a limited, personal, non-transferable, non-licensable license. subject to a revocable sub-license, to access these works and use them, within the limits of the purposes assigned to them, and only as long as BODYCROSS makes this Content accessible to the public. You will not acquire any ownership rights in the Content (including trademarks and any intellectual property rights contained in the Content), which is for personal, non-commercial use only. BODYCROSS reserves the right to monitor your use and to modify or revoke your license or access to the Content at any time and for any reason. BODYCROSS reserves the right to delete any Content contrary to these Conditions or infringing the intellectual property rights of BODYCROSS.
This limited use authorization does not in any way constitute a waiver by BODYCROSS of its rights to the Content.
Subject to the specific rights of use that BODYCROSS grants you through the Project, you agree not to use, copy, edit, translate, present, redistribute, download, transmit, sell, create derivative works, exploit the Content of any any way, including User Content (unless it is your User Content, which you lawfully post to the Project), without the prior written consent of BODYCROSS. Unauthorized use of the Content may constitute an infringement of copyright, trademark rights or other laws governing intellectual property, and is subject to civil or criminal penalties.
3. POST CONTENT ON THE PROJECT
USER CONTENT LICENSE. Certain features of the Project allow you to post photos, videos, comments and other content, which we refer to as “User Content”. BODYCROSS is not responsible for User Content that users post to the Project. User Content belongs to the person who created it, but when you post User Content, you grant the license to BODYCROSS under the following conditions:
Any user of the Project is authorized to post User Content. You grant BODYCROSS a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to the User Content that you post to the Project, or through the Project, including the likeness of any person appearing in the User Content , or any concepts or ideas contained in the User Content, for any purpose, including commercial, which includes the right to translate, represent, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. BODYCROSS may, in its sole discretion, remove any User Content at any time.
You understand that deleted User Content may remain in BODYCROSS's systems and on the Project to the extent it has been publicly posted or shared with others who have not deleted it, unless you or the appropriate person requests deletion or blocking of Personal Data, in accordance with applicable law.
COMMENTS, FEEDBACK AND IDEAS LICENSE. You understand that any comments, feedback, ideas you send to us are transmitted on a non-confidential basis. As a result, you guarantee BODYCROSS a perpetual and global license to use all the comments, feedback and ideas that you share with us, without any notification, compensation, or recognition being addressed to you, for any purpose whatsoever, including the development, manufacture and marketing of products and services as well as the creation, modification or improvement of the products or services.
4. USER CODE OF CONDUCT
We are happy to count you among the members of the BODYCROSS community. Here are some basic rules to follow:
- Be original. Do not post any User Content to the Project without having all necessary permissions and rights, including people appearing or mentioned in the User Content, to ensure that your User Content is available.
- Be careful.
- Do not commit any action that may harm BODYCROSS or its users, and in particular that may disrupt, damage, alter, overload or limit the operation of the Project.
- Do not post any User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Project software or security technology.
- Do not use techniques such as data mining, robots or other similar data collection methods.
- Unless otherwise specified by us, our Platform is public. Do not post personal information – about yourself or anyone else – on the Project.
- Be Personal.
- Do not post advertising, solicitation or commercial content on the Project and do not accept payment from third parties in exchange for commercial activities carried out on the Project.
- Do not collect or solicit personal information from other users of the Project, or send unsolicited messages.
- Do not use automated technology to interact with the Project.
- Be Respectful. Respect the community and do not post User Content, link to a website, or commit any other act that is unlawful, deceptive, malicious, inflammatory, erroneous, discriminatory, or otherwise objectionable or inappropriate, or that violates applicable laws. BODYCROSS has the right to pre-screen, monitor, or remove User Content – but has no obligation to do so.
- Be yourself. Do not impersonate other people or organizations, including athletes or BODYCROSS employees.
- HAVE FUN !
5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing a statement with us, as any misrepresentation by you may result in penalties. BODYCROSS is entitled to terminate the accounts of users of the Project who do not respect the copyrights of third parties.
If you consider that your work has been improperly copied on the Project, and that this constitutes an infringement of your intellectual property rights, please provide us with the following information [See conditions for France.]:
- (a) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or its agent;
- (b) a description of the copyrighted work, which you believe has been infringed;
- (c) a description of the location of the content that you believe is infringing on the Project;
- (d) a written statement that you have a good faith belief that the distribution of the disputed material was not authorized by the copyright owner, its agent, or the law;
- (e) a declaration by you, made under oath – under penalty of prosecution (according to applicable law), attesting that the information you have provided is accurate, and that you are the owner of the right, or authorized to act in its name and on his behalf.
ADVALOREM SPORT
Service Copyright
24 RUE MONDETOUR
75001 PARIS
contact@bodycross.fr
6. PROJECT PARTNERS
At any time, BODYCROSS may join or enter into partnerships with third-party websites, social media platforms, mobile applications, or other third-party products and services (hereinafter “Third Parties”). You may be able to connect to these Third Parties via the Project, but this does not imply that BODYCROSS approves, manages, or exercises any control over these Third Parties or their activities, which are subject to terms of use and of a separate privacy policy. You are invited to read the terms and privacy policies of Third Party sites. BODYCROSS is not responsible for the content, policies, or activities of Third Parties and you interact with such Third Parties at your own risk.
7. EXCLUSION OF LIABILITY
PHYSICAL ACTIVITY. The Project may contain elements that promote physical activity, nutrition or general well-being. They pursue an informational purpose only, are not related to medical advice or services and have no diagnostic or treatment objective.
INTERACTIONS BETWEEN USERS. To the extent permitted by applicable law, we are not responsible for your interactions with other users of the Project or for any damages and harm you may suffer as a result of these interactions.
Be responsible and take precautions when interacting with other users (including users you don't know) on the Project. Before meeting another user in person, be sure to investigate, bring a friend, choose a public place, and let someone know where you are. BODYCROSS has no obligation to enter into any User Dispute, but may do so at its sole discretion.
DISCLAIMER OF WARRANTY. Some laws do not allow limitations or exclusions of liability, warranties or legal remedies. In this case, these exclusions and limitations may not apply to you.
The Project, the Content and the documents and products present on this Platform are provided “AS IS”. We make no promises, including as to the accuracy, suitability, usefulness, reliability etc. of the Project. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BODYCROSS IS NOT RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE PROJECT.
BODYCROSS does not guarantee that the Project will not be subject to any interruption or malfunction, that it does not contain viruses or other harmful elements, and that all defects will be corrected.
To the maximum extent permitted by applicable law, BODYCROSS disclaims all warranties, express or implied, regarding the Project, the Content, the User Content or any product or service you may obtain or access through the Project, including but not limited to not exclusively, the implied warranties of quality, merchantability, fitness for a particular purpose and authenticity.
You are solely responsible for any damage caused to your Digital Device resulting from access to the Project, to the extent that applicable law does not provide otherwise.
We hope that you will enjoy and get the most out of the Project; however, we do not provide any guarantee of results.
8. RESILIATION
BODYCROSS may discontinue or modify any BODYCROSS Platform, Member Program, BODYCROSS product or service at any time without notice.
BODYCROSS may terminate or suspend your account, delete your profile or all or part of your User Content, and restrict your use of all or part of the Project at any time and for any reason, without liability, within the limit of the applicable law.
You understand and agree that some of your User Content, particularly that which is the subject of a news feed or other public part on the Project, may remain public after the termination of your account, subject to your right to request deletion of your User Content, in accordance with applicable law.
These Terms remain applicable even when your account has been terminated or you have stopped using the Project.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to take full advantage of the Project, but BODYCROSS must also guard against any damages you may cause.
INDEMNIFICATION AND WAIVER. Some jurisdictions do not allow certain limitations or exclusions of liability and warranties and legal remedies, and such exclusions or limitations may not apply to you. You agree to indemnify, defend and hold harmless BODYCROSS©, its affiliates, officers, directors, employees, agents, licensees and suppliers (hereinafter the “BODYCROSS Parties”) from and against any claim, loss , liability, expense, damage, and cost, including advisory fees arising in any way from your User Content, your use of the Project, your conduct on the Project or with other users of the Project, any breach of these Terms of Use, law or third party rights. In your name and in the name of your heirs, your assets, your insurers,
LIMITATION OF LIABILITY. Some laws do not allow certain limitations or exclusions of liability and warranties and legal remedies, so these exclusions or limitations may not apply to you. THE BODYCROSS PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT EXCLUSIVELY, RESULTING FROM ANY LOSS OF PROFITS OR DATA ARISING FROM THE USE OF OR INABILITY TO USE THE PROJECT OR THE PRODUCTS PURCHASED THROUGH THE PROJECT, OR THE CONDUCT OF OTHER USERS OF THE PROJECT (WHETHER ONLINE OR OFFLINE), OR PARTICIPATION IN AN EVENT ORGANIZED BY BODYCROSS OR ITS PARTNERS, OR ANY USER CONTENT OR ACTIVITY IN CONNECTION WITH THE USE PROJECT, EVEN IF BODYCROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PROJECT. YOUR SOLE REMEDY AGAINST BODYCROSS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE PROJECT OR CONTENT IS TO STOP USING THE PROJECT.
10. MARKETPLACE APP:
you acknowledge that this agreement is between you and BODYCROSS, and not with the marketplace application on which you downloaded a BODYCROSS application (ie for IOS users, the App Store operated by Apple Inc. or users of Android, the Google Play store operated by Google Inc.).
11. DISPUTES / ADDITIONAL TERMS
GOVERNING LAW/JURISDICTION
If you reside in one of the following countries, a different "applicable law/jurisdiction" may apply to you: Argentina, Austria, Brazil, Canada, Germany, Italy, Poland, Switzerland and all other European countries.
You acknowledge that this Platform is a passive platform, solely based in Paris, France, which cannot give rise to jurisdictional jurisdiction other than that of the courts of Paris.
You agree that the Project, the Terms, the Privacy Policy, and any dispute between you and BODYCROSS shall be governed in all respects by the laws of France, excluding the choice of law provisions, and the Convention of the United Nations of 1980 on International Sales Contracts.
Subject to applicable law to the contrary, and without limiting consumer rights, you acknowledge that any dispute, claim, and legal proceeding arising directly or indirectly from the Project (including the purchase of BODYCROSS products) shall be object of an individual resolution, to the exclusion of any recourse to a form of collective action, and exclusively before the Commercial Court of Paris, France.
You waive all defenses of "incompetence exception" and "incompetent forum" with respect to the material and territorial jurisdiction of the Commercial Court of Paris, France.
All claims must be brought within one (1 ) year following the event giving rise to the damage, unless a longer period is provided for by applicable law
ELECTRONIC COMMUNICATION
By using the Project, you agree to receive electronic communications from BODYCROSS, subject to applicable law
.
acknowledge and agree that any notice, agreement, publication or other communication that BODYCROSS sends to you electronically satisfies any legal communication requirement, including any requirement in writing.
RIGHT OF ASSIGNMENT, NO DEROGATION, INDEPENDENCE OF TERMS
BODYCROSS may assign its rights and duties under these Terms to any party at any time without notice to you, subject to applicable law; such assignment will not affect any rights or obligations applicable to you under these Terms.
Failure by BODYCROSS to invoke and/or strictly enforce these Conditions cannot be interpreted as a waiver of these Conditions or the rights of BODYCROSS. Users should always assume that these Terms continue to apply.
If any provision of these Terms is found to be invalid or unenforceable, the remaining Terms shall remain applicable.
Thank you for reading these terms. And, enjoy our community!
PROVISIONS SPECIFIC TO CERTAIN COUNTRIES
If you live in one of the following countries, these derogating conditions will apply to you and will take precedence over the incompatible provisions of the Terms of Use.
ARGENTINA
Section 3 (POSTING CONTENT ON THE PROJECT) : The first bullet paragraph under the heading “USER CONTENT LICENSE” is deleted and replaced with the following:
“You grant BODYCROSS a free, non-exclusive, transferable worldwide license , to display User Content that you post on or in connection with the Project and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works, sublicense and distribute User Content.
For example, we need these rights in order to be able to copy your User Content into our databases, display it in the correct format on our mobile applications and send your User Content to suppliers who deliver services on behalf of BODYCROSS. Section
“You grant BODYCROSS a free, non-exclusive, transferable worldwide license , to display User Content that you post on or in connection with the Project and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works, sublicense and distribute User Content.
For example, we need these rights in order to be able to copy your User Content into our databases, display it in the correct format on our mobile applications and send your User Content to suppliers who deliver services on behalf of BODYCROSS.
Section 11 (DISPUTES/ADDITIONAL TERMS) : This section is amended as follows:
The sub-section titled "GOVERNING LAW/JURISDICTION" is hereby deleted and replaced with the following (except for the last bullet point regarding complaints, which remains unchanged):
“GOVERNING LAW/JURISDICTION: You agree that the Project, Terms, Privacy Policy and any dispute between you and BODYCROSS shall be governed in all respects by the laws of Argentina. »
AUSTRALIA
Section 7 (EXCLUSION OF LIABILITY) : This section is amended as follows:
The sub-section titled “EXCLUSION OF WARRANTY” is amended by adding the following paragraph:
“However, the Project, Content, materials and products on this Platform come with certain warranties which cannot be excluded for the benefit of Australian customers under the Australian Consumer Law (“LAC”), including warranties relating to acceptable quality and fitness for the intended use. Nothing in the Conditions shall be construed or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, guarantee, guarantee, right or remedy provided by the LAC and which, under the law, cannot be excluded, restricted or modified, even if a provision within these Terms would suggest that this might be the case. »
AUSTRIA
Section 11 (DISPUTES/ADDITIONAL TERMS) : This section is superseded by the version for European countries below, except for the following text which is added at the end:
“All claims must be brought within three ( 3) years following the formulation of the claim. »
BELGIUM
Section 3 (POSTING CONTENT ON THE PROJECT) : this section is modified as follows:
The first paragraph of the paragraph under the subsection titled “LICENSE ON USER CONTENT” is deleted in its entirety and replaced with the following :
"You grant BODYCROSS a non-exclusive, perpetual (or at least for the duration of the legal protection of intellectual property rights / image rights that may be included in the User Content), transferable, sublicensable, to free and for the whole world to use any User Content that you post on or in connection with the Project, including the image of any person appearing in the User Content, or any concepts or ideas included in the User Content, to all purposes, including commercial, promotional and operational, including the right to translate, display, reproduce, modify, create derivative works, sub-license, distribute and transfer these rights. »
The subsection titled “FEEDBACK, FEEDBACK AND IDEA LICENSE” is deleted in its entirety and replaced with the following:
“FEEDBACK, FEEDBACK AND IDEA LICENSE. You grant BODYCROSS a perpetual license (or at least for the duration of the legal protection of intellectual property rights / image rights that may be included in the User Content), free of charge and for the whole world, to use any comments, feedback and ideas you share with us, without notice, compensation or information to you, for any purpose whatsoever, including, but not limited to, the development, manufacture and marketing of products and services and the creation, modification or improvement of products and services. »
BRAZIL
Section 11 (DISPUTES/ADDITIONAL TERMS) : This section is amended as follows:
The subsection titled “APPLICABLE LAW/JURISDICTION” is deleted in its entirety and replaced with the following:
CANADA
Introductory paragraph:
The section titled "Our Terms May Change" is supplemented with the following : :
"(a) BODYCROSS shall send you, at least 30 days prior to the amendment becoming effective, written notice in a manner clear and legible, indicating the new clause and the effective date of the amendment; and
(b) you may refuse the modification and cancel it or, in the case of a sequential performance contract, cancel the contract without costs, penalties or termination indemnities by sending BODYCROSS a notice to that effect no later than 30 days after the entry into force of the amendment, provided that such amendment results in an increase in your obligations or a reduction in the obligations of BODYCROSS. »
MULTIPLE SECTIONS: The Terms set forth in the sections titled "Physical Activity", "Disclaimer of Liability", "Indemnification/Limitation of Liability", and "Limitation of Liability" are supplemented by the following:
"Laws in certain jurisdictions on the consumer protection, including in Quebec, do not allow limitations and exclusions of warranties on products purchased. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability and Limitation of Liability. »
SECTION 11 (DISPUTES/ADDITIONAL TERMS) : This section is amended as follows:
The subsection titled “APPLICABLE LAW/JURISDICTION” is amended by adding the following at the beginning of the section:
“THE LAWS IN CERTAIN CONSUMER PROTECTION JURISDICTIONS, SUCH AS QUEBEC, MAY REQUIRE THAT YOUR CONTRACT BE GOVERNED BY THE LAWS OF YOUR JURISDICTION AND SUBJECT TO THE JURISDICTION OF THE COURTS IN YOUR JURISDICTION. IN ADDITION, THESE LAWS MAY PREVENT ANY WAIVER BY YOU OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR LIMITATIONS ON THE TIME YOU HAVE TO BRING A LEGAL PROCEEDING. IF THESE LAWS APPLY TO YOU, THE FOLLOWING LIMITATIONS MAY NOT APPLY. »
COLOMBIA
Section 3 (POSTING CONTENT ON THE PROJECT) the subsection titled “USER CONTENT LICENSE” is amended as follows:
The first paragraph under the heading USER CONTENT LICENSE is deleted and replaced with the following:
“You grant BODYCROSS a non-exclusive, indefinite worldwide license , transferable, sublicensable, and free of charge, to use any User Content you post on or in connection with the Project, including the likeness of anyone appearing in the User Content, or to use any concepts or ideas therein in the User Content, for any purpose, including commercial, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and transfer these rights. »
Section 3 (POSTING CONTENT ON THE PROJECT) The subsection titled “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in its entirety and replaced with the following:
“PERMISSION TO USE COMMENTS, FEEDBACK AND IDEAS. You grant BODYCROSS unlimited, worldwide permission to use any comments, feedback and ideas you may share with us, without notice, compensation or information to you, for any purpose whatsoever, including, but not limited to limit, development, manufacture and marketing of products and services. »
EUROPEAN COUNTRIES
The following changes apply to all European countries except Austria, France, Germany, Italy, Poland and Switzerland, which are subject to change specific to these conditions applicable to European countries.
Section 11 (DISPUTE/ADDITIONAL TERMS) : : This section is amended as follows:
The sub-section titled "GOVERNING LAW/JURISDICTION" is deleted in its entirety and replaced with the following (except for the last bullet point regarding complaints, which remains unchanged):
“GOVERNING LAW/JURISDICTION: You agree that the Project, the Terms and any dispute between you and BODYCROSS shall be governed in all respects by Dutch law, without regard to applicable law provisions, and not by the United Nations Convention on contracts for the international sale of goods.
Except as prohibited by law, and without limiting the rights granted to consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly from the Project (including, but not limited to, the purchase of BODYCROSS products ) be submitted exclusively to the competent courts of Amsterdam, the Netherlands. »
FRANCE
Section 5 (INFRINGEMENT OF COPYRIGHT) : The second paragraph of this section is deleted and replaced entirely with the following:
"If you consider that your work has been improperly copied on the Project, to the extent that it constitutes an infringement of your intellectual property rights, please provide us with the following information:
(1) date of notification;
(2) if the complainant is a natural person: trade name, first name, profession, address, nationality, place and date of birth;
(3) if the complainant is a legal entity: name, legal form, registered office and legal representative;
(4) name and address of the recipient, or if it is a legal entity, its trading name and registered office;
(5) a description of the facts and the precise location;
(6) the basis for removing content, including legal provisions, and evidence of fact; and
(7) a copy of the correspondence addressed to the author or publisher of the disputed content or acts requesting their interruption, withdrawal or modification, or an explanation of the reasons why the author or publisher did not could not be contacted.
Section 9 (INDEMNIFICATION/LIABILITY) : This Section is amended as follows:
The subheading titled “Indemnification and Release” is deleted and replaced in its entirety with the following:
“COMPENSATION. You agree to indemnify, defend and hold harmless BODYCROSS Inc., its affiliates, officers, directors, employees, agents, licensees and suppliers (the "BODYCROSS Parties") from, and against any and all claims, loss, liability, expense, damage, and cost, including but not limited to consulting fees, arising in any way from your User Content, your use of the Project, your behavior on the Project or with other users of the Project, or any breach of these Terms of Use, or any law or third party rights.
The subsection titled "LIMITATION OF LIABILITY" is deleted entirely.
Section 11 (DISPUTES/ADDITIONAL TERMS) : the sub-section entitled "APPLICABLE LAW / JURISDICTION" is deleted and replaced entirely by the following:
"APPLICABLE LAW / JURISDICTION : Nothing in this paragraph deprives you of the protection granted to consumers by the rules of public order of the country in which you live.
You agree that the Project, the Conditions, the Privacy Policy, and any dispute between you and BODYCROSS are governed in all respects by French law, excluding the provisions conferring jurisdiction, and not by the United Nations Convention of 1980 on International Sales Contracts.
Subject to the mandatory provisions of applicable law, and without limitation to consumer rights, you agree that any dispute, any claim, and any legal proceedings resulting directly or indirectly from the Project (including the purchase of BODYCROSS products) be exclusively submitted to the competent Courts of Paris, France.
In case of complaint, please contact us via contact@bodycross.fr. If you consider that your complaint has not been properly dealt with, you can – but do not have to – use the Online Dispute Resolution Project (ODR), which you can access via the link http://ec.europa. eu/odr. In addition, you have the right to initiate a mediation procedure, by contacting the mediators as follows: Association of European Mediators (197, Boulevard Saint-Germain, 75007 PARIS, telephone: 09 53 01 02 69), http:// www.mediationconso-ame.com/. The mediators will try to reach an amicable solution independently and impartially. In the event of mediation, each party is free to accept or reject the solution proposed by the mediator. »
GERMANY
Section 7 (EXCLUSION OF LIABILITY) : This Section is amended as follows:
The third paragraph in the summary box is deleted in its entirety and replaced by the following:
"BODYCROSS is not liable for damages (except those resulting from acts intentional or willful negligence and BODYCROSS bodily harm) caused by your interactions with other users. BODYCROSS urges you to act responsibly and take precautions when interacting with people you don't know.
The last paragraph in the subsection titled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced with the following :
"To the maximum extent permitted by applicable law, BODYCROSS is not liable for any damages (except for intentional acts or gross negligence and bodily injury caused by BODYCROSS) that you may suffer as a result of your use or your inability to use the Project. The subsection titled "
WARRANTY DISCLAIMER", including all of its paragraphs, is deleted in its entirety.
Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY) : This section is amended as follows:
The subsection titled “INDEMNIFICATION AND WAIVER” is deleted in its entirety.
The subsection titled "LIMITATION OF LIABILITY" is deleted in its entirety and replaced with the following:
“LIMITATION OF LIABILITY. The liability of BODYCROSS and its affiliates, and their officers, directors, shareholders, employees and agents (the "Released Parties") is limited to cases of willful misconduct or gross negligence. In the event of slight negligence, the Released Parties are only liable in the event of breach of an essential contractual obligation, the breach of which jeopardizes the object of the contract or the performance of which is required to achieve the object of the contract. and in the performance of which the consumer has confidence (known as "Essential Obligations"). In this case, the liability is limited to the normally foreseeable damage. This limitation of liability does not does not apply to claims based on product liability law and in the event of personal injury or death. »
Section 11 (DISPUTES/ADDITIONAL TERMS) : This section is superseded by the version for European countries above, except for the following text which is added at the end:
“All claims must be brought within two (2) years following the origin of the claim. "
HUNGARY
Introductory paragraphs: the second paragraph of the first section above entitled "Conditions of Sale" is modified by adding the following terms:
"These Conditions constitute a tacit agreement between you and BODYCROSS, in the event that they do not fulfill written agreement requirements under Hungarian law. »
ITALY
Section 7 (EXCLUSION OF LIABILITY) : This section is amended as follows:
The last paragraph of the subsection titled "PHYSICAL ACTIVITY" is deleted in its entirety and replaced with the following:
"To the maximum extent permitted by applicable law, BODYCROSS is not liable for any damages you may suffer as a result of your use or inability to use the features of the Project, except in cases of fraud or gross negligence on the part of BODYCROSS. The subsection titled “
USER INTERACTIONS” is deleted in its entirety and replaced with the following:
“USER INTERACTIONS. We are not responsible for your interactions with other users of the Project or for any damages or harm you may suffer as a result of such interactions, except in cases of fraud or gross negligence on the part of BODYCROSS.
Be responsible and take precautions when interacting with other users (including users you don't know) on the Project. Before you meet another person, find out about them, bring a friend, choose a public place, and let someone know where you are meeting. BODYCROSS is not obligated to participate in any dispute between users (but may do so at its discretion), except in cases of fraud or gross negligence on the part of BODYCROSS. »
Section 11 (DISPUTES/ADDITIONAL TERMS) The sub-section titled “GOVERNING LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except for the last point regarding claims, which remains unchanged):
“ GOVERNING LAW/JURISDICTION: You agree that the Project, the Terms and any dispute between you and BODYCROSS shall be governed in all respects by Dutch law, without regard to the provisions of applicable law, and not by the United Nations Convention on Contracts for the International Sale of Goods 1980, subject to statutory provisions of applicable law which may apply regardless of any other choice of law.
Except where prohibited, and without limiting consumer rights, you agree that all disputes, claims and legal proceedings arising directly or indirectly from the Project (including, but not limited to, the purchase of BODYCROSS products) shall be submitted exclusively to the courts of the place where you reside or be domiciled. »
POLAND
Section 11 (DISPUTES / ADDITIONAL TERMS) : the sub-section titled “APPLICABLE LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except for the last paragraph regarding claims, which remains unchanged) :
“APPLICABLE LAW/JURISDICTION: the Project, the Conditions and any dispute between you and BODYCROSS will be governed in all their aspects by Polish law.
All disputes, claims and legal proceedings arising directly or indirectly from or relating to the Project (including, but not limited to, the purchase of BODYCROSS products) shall be submitted to the competent courts under applicable laws. »
SWITZERLAND
Section 11 (DISPUTES / ADDITIONAL TERMS) The sub-section titled “GOVERNING LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except for the last point regarding claims, which remains unchanged):
"APPLICABLE LAW/JURISDICTION: You agree that the Project, the Terms and any dispute between you and BODYCROSS shall be governed in all respects by the laws of Switzerland, without regard to international rules of conflict of laws and excluding of the United Nations Convention on Contracts for the International Sale of Goods of 1980.
You agree that all disputes arising directly or indirectly out of or in connection with the Project and these Terms of Use, shall be submitted exclusively to the competent courts of Zürich, Switzerland. »
