Terms & Conditions
By accessing or using this website or any of the BitGym applications
(collectively the “Platform”) on any computer, mobile phone, tablet, console or
other device (collectively, “Device”), you signify that you have read,
understand and agree to be bound by these Terms of Use and any other applicable
law, whether or not you are a registered member of Active Theory. Active Theory
may change these Terms of Use at any time without notice, effective upon its
posting to the Platform. Your continued use of the Platform shall be considered
your acceptance to the revised Terms of Use. If you do not agree to these Terms
of Use, please do not use this Platform.
IMPORTANT NOTICE FOR AMATEUR ATHLETES YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR
USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PLATFORM DOES NOT AFFECT YOUR
ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC
ASSOCIATION FOR THE RULES THAT APPLY TO YOU. ACTIVE THEORY IS NOT RESPONSIBLE OR
LIABLE FOR YOUR USE OF THE PLATFORM RESULTING IN YOUR INELIGIBILITY AS AN
AMATEUR ATHLETE.
PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the
risks involved and consult with your medical professional before engaging in any
physical activity. Active Theory is not responsible or liable for any injuries
or damages you may sustain that result from your use of, or inability to use,
the features of the Platform.
INTELLECTUAL PROPERTY
All intellectual property on the Platform (except for User Generated Content) is
owned by Active Theory or its licensors, which includes materials protected by
copyright, trademark, or patent laws. All trademarks, service marks and trade
names (e.g., the Active Theory name and the Swoosh design) are owned, registered
and/or licensed by Active Theory. All content on the Platform (except for User
Generated Content), including but not limited to text, software, scripts, code,
designs, graphics, photos, sounds, music, videos, applications, interactive
features and all other content (“Content”) is a collective work under the United
States and other copyright laws and is the proprietary property of Active
Theory; All rights reserved.
You may use the Content only for your own non-commercial use to participate in
the Platform or to place an order or purchase Active Theory products. You agree
not to change or delete any ownership notices from materials downloaded or
printed from the Platform. You agree not to modify, copy, translate, broadcast,
perform, display, distribute, frame, reproduce, republish, download, display,
post, transmit or sell any Intellectual Property or Content appearing on the
Platform, including User Generated Content (defined below), without Active
Theory’s prior written consent, unless it is your own User Generated Content
that you legally post on the Platform. You agree not to use any data mining,
robots, scraping or similar data gathering methods. Nothing in these Terms of
Use shall be interpreted as granting any license of intellectual property rights
to you.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your Active
Theory account. Keep your username/password secure and do not allow anyone else
to use your username/password to access the Platform. Active Theory is not
responsible for any loss that results from the unauthorized use of your
username/password, with or without your knowledge.
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the
Platform, such that it constitutes infringement, please provide us with the
following information: (1) name, address, telephone number, email address and an
electronic or physical signature of the copyright owner or of the person
authorized to act on his/her behalf; (2) a description of the copyrighted work
that you claim has been infringed; (3) a description of where on the Platform
the material that you claim is infringing is located; (4) a written statement
that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and (5) a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner’s
behalf. These requirements must be followed to give Active Theory legally
sufficient notice to Active Theory of infringement. Send copyright infringement
complaints to: We suggest that you consult your legal advisor before filing a
notice with Active Theory’s copyright agent, because there may be penalties for
false claims.
LINKS
The Platform may contain links to websites, applications or other products or
services operated by other companies (“Third Party Platforms”). Active Theory
does not endorse, monitor or have any control over these Third Party Platforms,
which have separate terms of use and privacy policies. Active Theory is not
responsible for the content or policies of Third Party Platforms and you access
such Third Party Platforms at your own risk.
MOBILE SERVICES
The Platform contains services and features that are available to certain mobile
Devices. Your carrier’s normal rates and fees apply. Not all mobile services
will work with all carriers or Devices. By using Active Theory’s mobile
services, you agree that we may communicate with you by electronic means to your
mobile Device and that certain information about your use of these services may
be shared with us. If you change or deactivate your mobile phone number, you
must promptly update your account information to ensure that we don’t send your
messages to a different person.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Active Theory, Inc, its
affiliates, officers, directors, employees, agents, licensors and suppliers from
and against all claims, losses, liabilities, expenses, damages and costs,
including, without limitation, attorneys’ fees, arising from or relating in any
way to your User Generated Content, your use of Content, your use of the
Platform, your conduct in connection with the Platform or with other Platform
users, or any violation of these Terms of Use, any law or the rights of any
third party.
PRIVACY
Our Privacy Policy, which is incorporated into these Terms of Use by this
reference, further describes the collection and use of information on this
Platform.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether
online or in person. Active Theory is not responsible or liable for any loss or
damage resulting from any interaction with other Platform users, persons you
meet through the Platform, or persons who find you because of information posted
on, by or through the Platform. You agree to take reasonable precautions in all
interactions with other users on the Platform, and conduct any necessary
investigation before meeting another person. Active Theory is under no
obligation to become involved with any user dispute, but may do so at its own
discretion.
WARRANTY DISCLAIMER
Active Theory is not responsible or liable for any User Generated Content or
other Content posted on the Platform or for any offensive, unlawful or
objectionable content you may encounter on or through the Platform. The
Platform, User Generated Content, Content, and the materials and products on
this Platform are provided “AS IS” and without warranties of any kind. To the
fullest extent permitted by law, Active Theory disclaims all warranties, express
or implied, including, but not limited to, implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement. Active
Theory cannot guarantee and does not promise any specific results from use of
the Platform. Active Theory does not represent or warrant that the Platform will
be uninterrupted or error-free, that any defects will be corrected, or that this
Platform or the server that makes the Platform available are free of viruses or
anything else harmful. To the fullest extent permitted by law, Active Theory
does not make any warranties or representations regarding the use of the
materials or Content in the Platform in terms of their correctness, accuracy,
adequacy, usefulness, reliability or otherwise. You understand and agree that
you download or otherwise obtain Content at your own risk, and that you will be
solely responsible for your use and any damage to your mobile Device, computer
system or other Device in which you access the Platform, loss of data or other
harm of any kind that may result. Active Theory reserves the right to change any
and all Content and other items used or contained in the Platform at any time
without notice. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Active Theory SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE
PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF
OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A Active
Theory EVENT OR ANY USER GENERATED CONTENT, EVEN IF Active Theory HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR
YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST Active Theory FOR USE OF THE
PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF Active
Theory IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY
CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, Active Theory’S
LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these
Terms of Use shall continue to be enforceable. If any provision in these Terms
of Use is deemed unlawful, void or unenforceable, then that provision is deemed
severable from these Terms of Use and the remaining provisions are still valid
and enforceable.
TERMINATION
Active Theory reserves the right in its sole discretion to terminate your
account, delete your profile and any of your User Generated Content, and
restrict your use of all or any part of the Platform for any or no reason,
without notice, and without liability to you or anyone else. Active Theory also
reserves the right to block users from certain IP addresses or Device numbers
and prevent access to the Platform. You understand and agree that some of your
User Generated Content, such as that which is displayed outside your profile, in
activity feeds, in other parts of the Platform, or on other platforms (e.g.,
Facebook, Twitter, Google, etc), may continue to appear on the Platform or on
other platforms even after your User Generated Content is removed or your
account is terminated. These Terms of Use remain in effect even after your
account is terminated. The Terms of Use relating to Intellectual Property,
Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of
Liability, Miscellaneous, Severability and terms that by their nature may
survive termination shall survive any termination.