Last updated: March 2023
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE BODYCROSS WEBSITE.
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 conditions specific to 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 networking platform, mobile application, wearable technology, or other BODYCROSS product or service that is part of the BODYCROSS Project ("Project"). You may access the Project using a computer, mobile phone, tablet, console, or other technology, collectively referred to below as a "Digital Device". Your supplier's normal rates and charges apply to your Digital Device.
These terms and conditions constitute a legally binding contract between you and BODYCROSS and its affiliates (hereinafter "BODYCROSS", "we", "us", "our") in respect of your use of the Project. Please read the following carefully: Our Terms are subject to change. Some jurisdictions do not allow unilateral updates or modifications to consumer terms, so if this is the case in your jurisdiction, this paragraph will not apply to you.
These Terms may be updated from time to time. In the event of a significant change, we will post a notice on the Project or send you a notification. Please take notice of any 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.
Conditions of Sale. By making a purchase from us, you also accept the Conditions 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 Notice 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 contact your amateur athlete association to find out the rules that apply to you. BODYCROSS is not responsible, and cannot be held 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 authorisation from your legal representative (parents, guardian). Variable 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 registration must be personal. Do not create several BODYCROSS accounts, do not create a BODYCROSS account in someone else's name, do not transfer your account.
Be Safe: Keep your username, password and login secure and do not allow anyone else 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.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BODYCROSS SHALL NOT BE LIABLE FOR ANY LOSS OR ACTIVITY RESULTING FROM ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
2. OWNERSHIP OF CONTENT
With the exception of User Content (defined below), all content on our Platform - including text, software, scripts, 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 is protected by copyright, trademark right, patent right and/or other protection granted by law. BODYCROSS reserves all rights not expressly described in these Terms.
All trademarks, service marks and trade names (including the BODYCROSS word mark and design) are owned, registered and/or licensed by BODYCROSS. Your access to or use of the Project or the Content does not grant you any license or other right in or to any trademark, service mark or trade name.
You agree not to modify or delete any proprietary notices contained in materials downloaded or printed from the Project.
In the event that BODYCROSS authorises 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-sublicensable and revocable licence to access and use these works, within the limits of the purposes assigned to them, and only for as long as BODYCROSS makes this Content available to the public. You do not acquire any ownership rights in the Content (including trademarks and all intellectual property rights included in the Content), which is reserved for personal, non-commercial use. BODYCROSS reserves the right to monitor your use and to modify or revoke your licence or access to the Content at any time and for any reason. BODYCROSS reserves the right to remove any Content that violates these Terms or infringes BODYCROSS's intellectual property rights.
This limited authorisation to use does not constitute a waiver by BODYCROSS of any of its rights in the Content.
Subject to the specific rights of use that BODYCROSS grants you via the Project, you agree not to use, copy, edit, translate, display, redistribute, upload, transmit, sell, create derivative works from, or exploit the Content in any way, including the User Content (unless it is your User Content, which you lawfully post on the Project), without the prior written consent of BODYCROSS. Unauthorized use of the Content may violate copyright, trademark or other intellectual property laws, and may result in civil or criminal penalties.
3. POST CONTENT ON THE PROJECT
USER CONTENT LICENCE. 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 the User Content that users post on the Project. User Content belongs to the person who created it, but when you post User Content, you grant a license to BODYCROSS under the following conditions:
Any user of the Project is authorised to post User Content. You grant BODYCROSS a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to the User Content that you post on or through the Project, including the image of any person appearing in the User Content, or any concepts or ideas contained in the User Content, for any purpose whatsoever, including commercial purposes, which includes the right to translate, perform, reproduce, modify, create derivative works from, sub-license, distribute and assign such rights. BODYCROSS may, in its sole discretion, remove any User Content at any time.
You understand that deleted User Content may remain on BODYCROSS's systems and on the Project to the extent that it has been publicly posted or shared with others who have not deleted it, unless you or the relevant person requests deletion or blocking of the Personal Data in accordance with applicable law.
LICENCE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback or ideas you send to us are sent on a non-confidential basis. Accordingly, you grant BODYCROSS a perpetual, worldwide license to use any comments, feedback, and ideas you share with us, without any notice, compensation, or acknowledgment to you, for any purpose whatsoever, including developing, manufacturing, and marketing products and services and creating, modifying, or improving products or services.
4. USER CODE OF CONDUCT
We are delighted to have you as a member of the BODYCROSS community. Here are a few basic rules to follow:
Be original. Do not post any User Content on the Project without having all the necessary permissions and rights, including from the people appearing or mentioned in the User Content, to ensure that your User Content is available.
Be Cautious.
Do not take any action that may cause harm to BODYCROSS or its users, and in particular that may disrupt, damage, alter, overburden or limit the operation of the Project.
Do not post any User Content containing software viruses, programs or other computer code, and do not circumvent or modify the Project's software or security technologies.
Do not use techniques such as data mining, robots or similar data collection methods.
Unless we indicate otherwise, our Platform is public. Do not post personal information - about yourself or anyone else - on the Project.
Be Personal.
Do not post advertising, canvassing 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, and do not send unsolicited messages.
Do not use automated technology to interact with the Project.
Be respectful. Respect the community and do not post any User Content, link to a website, or commit any other illegal, deceptive, malicious, inflammatory, erroneous, discriminatory, or otherwise objectionable or inappropriate act or act 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 any other person or organization, including BODYCROSS athletes or employees.
HAVE FUN!
5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing any statement with us, as any false statement on your part may result in sanctions. BODYCROSS is entitled to terminate the accounts of users of the Project who do not respect the copyright 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:
(a) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or its representative;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Project;
(d) a written statement that you have a good faith belief that the distribution of the infringing material has not been authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under oath - under penalty of law (according to the applicable law), certifying that the information you have provided is accurate, and that you are the right holder, or authorised to act in the name of and on behalf of the right holder.
Complaints of copyright infringement should be addressed to :
ADVALOREM SPORT
Copyright Department
24 RUE MONDETOUR
75001 PARIS
contact@bodycross.fr
6. PARTNERS ON THE PROJECT
At any time, BODYCROSS may associate or enter into partnerships with third party websites, social networking 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 separate terms of use and privacy policies. You are invited to read the conditions and privacy policies of the 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 well-being in general. They are for informational purposes only, do not constitute medical advice or services and are not intended for diagnosis or treatment.
Assess the risks involved and consult your doctor before undertaking any physical activity. Never disregard medical advice or postpone consulting your doctor because of information or publications you have read on the Project. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BODYCROSS SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY YOU MAY SUFFER AS A RESULT OF YOUR USE OF, OR INABILITY TO USE, THE FEATURES OF THE PROJECT.
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 or injury you may suffer as a result of such interactions.
Be responsible and take precautions when interacting with other users (including users you do not know) on the Project. Before meeting another user in person, take care to investigate, bring a friend, choose a public place and inform someone of where you will be. BODYCROSS is under no obligation to take part in any dispute between users, but may do so at its sole discretion.
EXCLUSION OF WARRANTY. Some jurisdictions do not allow limitations or exclusions of liability, warranties or remedies. In this case, these exclusions and limitations may not apply to you.
The Project, the Content and the documents and products on this Platform are provided "AS IS". We make no promises, including about the accuracy, relevance, usefulness, reliability etc. of the Project. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BODYCROSS IS NOT RESPONSIBLE FOR 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 any defects will be corrected.
To the maximum extent permitted by applicable law, BODYCROSS disclaims all warranties, express or implied, with respect to the Project, the Content, the User Content or any products or services you may obtain or access through the Project, including, but not limited to, the implied warranties of quality, merchantability, fitness for a particular purpose and non-infringement.
You are solely responsible for any damage 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 make the most of the Project; however, we provide no guarantee of results.
8. TERMINATION
BODYCROSS may delete 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, to the fullest extent permitted by applicable law.
You understand and agree that some of your User Content, particularly that which is posted in a News Feed or other public area of the Project, may remain public after your account has been terminated, subject to your right to request deletion of your User Content in accordance with applicable law.
These Terms continue to apply even after your account has been terminated or you have ceased to use the Project.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to take full advantage of the Project, but BODYCROSS must also protect itself against any damage that you may cause.
INDEMNIFICATION AND WAIVER. Some jurisdictions do not allow certain limitations or exclusions of liability, warranties and 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, licensors and suppliers (the "BODYCROSS Parties") from and against any and all claims, losses, liabilities, expenses, damages and costs, including attorneys' fees, arising in any way out of your User Content, your use of the Project, your conduct on the Project or with other users of the Project, any violation of these Terms of Use, the law or the rights of third parties. On your behalf and on behalf of your heirs, estate, insurers, successors, and assigns, you hereby waive any and all claims or legal actions against the BODYCROSS Parties for damages resulting in any way from your use of the Project.
LIMITATION OF LIABILITY. Some jurisdictions do not allow certain limitations or exclusions of liability and warranties and remedies, so these exclusions or limitations may not apply to you. THE BODYCROSS PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS OR LOST DATA, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROJECT OR PRODUCTS PURCHASED THROUGH THE PROJECT, OR FROM THE CONDUCT OF OTHER USERS OF THE PROJECT (WHETHER ONLINE OR OFFLINE), OR FROM PARTICIPATION IN ANY EVENT ORGANIZED BY BODYCROSS OR ITS PARTNERS, OR FROM ANY USER CONTENT OR ACTIVITY IN CONNECTION WITH THE USE OF THE PROJECT, EVEN IF BODYCROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROJECT. YOUR SOLE REMEDY AGAINST BODYCROSS FOR DAMAGES RESULTING FROM YOUR USE OF THE PROJECT OR THE CONTENT IS TO STOP USING THE PROJECT. IF BODYCROSS IS FOUND LIABLE FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PROJECT, BODYCROSS'S LIABILITY SHALL NOT EXCEED THE SUM OF $100.00 OR €100.00 IF YOU RESIDE IN EUROPE.
10. APPLICATION MARKETPLACE :
you acknowledge that this agreement is between you and BODYCROSS, and not with the application marketplace on which you downloaded a BODYCROSS application (i.e. for IOS users, the App Store operated by Apple Inc. or Android users, the Google Play store operated by Google Inc.).
11. DISPUTES / ADDITIONAL CONDITIONS
APPLICABLE LAW/COMPETENT 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, based solely in Paris, France, which cannot give rise to any 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 its choice of law provisions, and the 1980 United Nations Convention on Contracts for the International Sale of Goods.
Subject to the provisions of applicable law to the contrary, and without limiting the rights of consumers, you acknowledge that any dispute, claim or legal proceeding arising directly or indirectly from the Project (in particular from the purchase of BODYCROSS products) must be resolved individually, to the exclusion of any recourse to a form of collective action, and exclusively before the Commercial Court of Paris, France.
You waive all defences of "exception d'incompétence" and "forum incompétent" with regard to the material and territorial jurisdiction of the Tribunal de Commerce de Paris, France.
All claims must be made within one (1) year of the event giving rise to the damage, unless a longer period is provided for by the applicable law.
ELECTRONIC COMMUNICATION
By using the Project, you agree to receive electronic communications from BODYCROSS, subject to applicable law.
You acknowledge and agree that any notice, agreement, publication or other communication that BODYCROSS sends to you electronically satisfies any legal communication requirements, including any requirement that it be in writing.
Right of Assignment, NO WAIVER, INDEPENDENCE OF CLAUSES
BODYCROSS may assign its rights and duties under these Terms to any party at any time without notice to you, subject to applicable law; any such assignment will not affect any rights or obligations applicable to you under these Terms.
BODYCROSS's failure to insist upon and/or enforce strict performance of these Terms shall not be construed as a waiver of these Terms or BODYCROSS's rights. 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 continue to apply.
Thank you for reading these Terms. And, enjoy our community!