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Terms of Use of <www.superbody.com>

  1. Terms of website use

    1. These terms of use (together with the documents referred to in it) provide the terms of use subject to which a visitor, registered or non-registered user (“You”) may access and use <www.superbody.com> (“Superbody” ). For the purposes of these terms, use of Superbody includes, without limitation, accessing, browsing, or registering to use Superbody and is conditional on your acceptance of these terms of use.

    2. Superbody is a site operated by SuperBody Ltd (“We”, “Us”). We are incorporated under the laws of Cyprus with registration number 1835075 and have our registered office at BVI, Tortola, Waterfront Drive.

    3. By using Superbody, you confirm that you accept these terms of use and that you agree to comply with them and that these terms constitute the sole agreement between You and Us in relation to your use of Superbody and any act or omission resulting by such use. If you do not agree to these terms of use, you must not use Superbody. Please read these terms of use carefully before you start to use Superbody, as these will apply to your use of Superbody. We recommend that you print a copy of this for future reference.

    4. These terms of use include and incorporate, as an integral part hereof, the following, which also apply to your use of Superbody:
      1. Our Privacy Policy http://superbody.com/docs/privacy-policy.pdf which includes our Cookie Policy, setting out the terms on which we process any personal data we collect from you, or that you provide to us. By using Superbody, you consent to such data processing and you warrant that all data provided by you is accurate.

      2. Our Acceptable Use Policy, namely the terms under section II hereunder, which sets out the permitted uses and prohibited uses of Superbody. By using Superbody, you must abide by and comply with this Acceptable Use Policy.

  2. Acceptable Use Policy

    1. This section contains our Acceptable Use Policy, setting out the terms between you and us under which you are allowed to access and use Superbody. This acceptable use policy applies to all users of, and visitors to, whether registered or not, Superbody.

    2. Your use of Superbody means that you agree with, accept and agree to abide by all the policies in this acceptable use policy, which form an integral part of the terms of use of Superbody.

    3. The contents of Superbody, such as text, graphics, images, information and other material contained on Superbody (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional advice, diagnosis or treatment over any particular organic, biological, physical and/or mental circumstances and/or condition. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your personal physical and/or mental circumstances, including, without limitation, a medical condition and/or any symptoms. You should not under any circumstances rely on any of the Content in relation to any particular organic, biological, physical and/or mental circumstances you may be aware of or not aware of.

    4. While Superbody provides general well-being information, none of its Content constitutes, nor should you under any circumstances rely upon any of the Conent, in relation to any particular organic, biological, physical and/or mental circumstances you may be aware of or not aware of. Reliance on any of the Content for any purposes is at your own risk solely.

    5. The content on Superbody is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Superbody.

    6. Although we make reasonable efforts to update the information on Superbody, we make no representations, warranties or guarantees, whether express or implied, that the content on Superbody is accurate, complete or up-to-date, suitable for use in relation to any particular circumstances, conditions or factual background.

    7. Superbody is under no obligation to oversee, monitor or moderate any aspect of your use of Superbody or any act or omission of yours on the basis of the Content and our liability for any loss, harm, injury or damage arising from the use of Superbody by you is hereby expressly excluded to your unconditional and irrevocable acceptance. The use of Superbody by a minor is prohibited.

    8. You may use Superbody only for lawful purposes. You may not use Superbody:
      1. In any way that breaches any applicable local, national or international law or regulation.

      2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

      3. For the purpose of harming or attempting to harm any person in any way.

      4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms.

      5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

      6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

    9. By using Superbody you agree:
      1. Not to reproduce, duplicate, copy or re-sell any part of Superbody in contravention of the provisions of our terms of use.

      2. Not to access without authority, interfere with, damage or disrupt:
        • any part of Superbody;

        • any equipment or network on which Superbody is stored;

        • any software used in the provision of Superbody; or

        • any equipment or network or software owned or used by any third party.

  3. Content Standards

    1. These content standards apply to any and all information, data and/or material which you contribute to Superbody (Contributions” ) in the course of using Superbody or otherwise. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.

    2. Contributions must:

    3. Be accurate (where they state facts, including, without limitation, weight, height and other physical measurements).

    4. Be genuinely held (where they state opinions).

    5. Comply with applicable law in Cyprus and in any jurisdiction from which they are posted.

  4. Suspension and termination

    1. We will determine, at our discretion, whether there has been a breach of these terms through your use of Superbody. When a breach of these terms has occurred, we may take such action as we deem appropriate.

    2. Failure to comply with these terms constitutes a material breach of same and may result in our taking all or any of the following actions:

      1. Immediate, temporary or permanent withdrawal of your right to use Superbody.

      2. Immediate, temporary or permanent removal of any posting or material uploaded by you to Superbody.

      3. Issue of a warning to you.

      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

      5. Further legal action against you.

      6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

    4. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on Superbody.

    5. We may update Superbody from time to time, and may change the Content at any time. However, please note that any of the Content on Superbody may be out of date at any given time, and we are under no obligation to update it.

    6. We do not guarantee that Superbody, or any Content on it, will be free from errors or omissions.

    7. We do not guarantee that Superbody, or any content on it, will always be available or be uninterrupted. Access to Superbody is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Superbody without notice. We will not be liable to you if for any reason Superbody is unavailable at any time or for any period.

    8. You are responsible for making all arrangements necessary for you to have access to Superbody.

    9. You are also responsible for ensuring that all persons who access Superbody through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

    10. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

    11. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

    12. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

  5. Intellectual property rights

    1. We are the owner or the licensee of all intellectual property rights in Superbody, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. You may print off one copy, and may download extracts, of any page(s) from Superbody for your personal use and you may draw the attention of others within your organisation to content posted on Superbody.

    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    4. Our status (and that of any identified contributors) as the authors of content on Superbody must always be acknowledged.

    5. You must not use any part of the content on Superbody for commercial purposes without obtaining a licence to do so from us or our licensors.

    6. If you print off, copy or download any part of Superbody in breach of these terms of use, your right to use Superbody will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  6. Limitation of liability

    1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Superbody or any content on it, whether express or implied, from giving rise to any liability against us and such liability is hereby expressly excluded.

    2. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, Superbody; or

      2. use of or reliance on any Content displayed on Superbody.

    3. Please note that we only provide Superbody for domestic and private use. You agree not to use Superbody for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Superbody or to your downloading of any content on it, or on any website linked to it.

    5. We assume no responsibility for the content of websites linked on Superbody. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

    6. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    7. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    8. You must not establish a link to Superbody in any website that is not owned by you.

    9. Our site must not be framed on any other site, nor may you create a link to any part of Superbody other than the home page.

    10. We reserve the right to withdraw linking permission without notice.

    11. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

    12. Where Superbody contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

  7. Applicable law

    1. These terms of use, its subject matter and its formation, are governed by Cyprus law. You and we both agree to that the courts of Cyprus will have non-exclusive jurisdiction over any disputes arising by your use of Superbody or any part of these terms.