VIVA

Terms of Service

Last updated on March 1, 2023

Terms of Service

These Terms of Service (“Terms”) govern your use of the Viva Fitness website, services, and any related applications or platforms (collectively referred to as the “Service”) provided by Viva Fitness (“we,” “us,” or “our”). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our Service.

Eligibility

You must be at least 13 years old to use our Service. By using the Service, you represent and warrant that you are 13 years of age or older. If you are accessing or using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.

Registration

In order to access certain features or areas of our Service, you may be required to create an account. When creating an account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your Viva Fitness account credentials and for all activities that occur under your account. You agree to promptly update any information that may change and to notify us immediately of any unauthorized use of your account.

 

Use of the Service

You agree to use our Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your use of the Service and any content you submit or post through the Service. You must not engage in any activity that may interfere with or disrupt the Service or its servers, networks, or infrastructure. We reserve the right to terminate or suspend your access to the Service if you violate these Terms.

Data Security

The Viva Fitness Service and its contents, including but not limited to text, graphics, images, logos, trademarks, and software, are protected by intellectual property laws. You may not modify, reproduce, distribute, transmit, display, perform, or create derivative works from any part of the Service without our prior written consent. You acknowledge and agree that Viva Fitness retains all rights, title, and interest in and to the Service and its contents.

 

Intelectual Property

Our website may include links to third-party websites or services for your convenience and reference. Please be aware that once you click on these links, you will be redirected to external sites that are beyond our control. Therefore, we cannot be held responsible for the privacy practices, content, or security of these third-party websites.

We encourage you to review the privacy policies of any third-party websites you visit, as they may differ from ours. This Privacy Policy applies solely to our website and services. Any personal information you provide or activities you engage in on external sites are subject to the respective third-party’s terms and policies.

While we strive to ensure that the links we provide are reputable and trustworthy, we do not endorse or make any representations about the accuracy, reliability, or validity of the content on these external websites. Accessing and using third-party websites is done at your own risk.

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (such as comments, blog entries, Facebook postings, photos, and videos) to us through the Site, social media platforms, internet groups, or via email, text, or any other means, you represent and warrant the following: (i) you are the owner of the material or have obtained the express consent of the owner to make the posting or submission; and (ii) you are at least thirteen years old or older. Additionally, when you submit, email, text, deliver, or post any material, you grant us and our authorized representatives a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, publicly perform, and/or publicly display such material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose. This license includes the right to exploit any proprietary rights in the posting or submission, including but not limited to copyright, trademark, service mark, or patent rights under any applicable jurisdiction. Furthermore, by exercising these rights, you grant us and our authorized representatives the right to identify you as the author of any of your postings or submissions using your name, email address, or screen name, as we deem appropriate.

You acknowledge and agree that any contributions you create for us shall be considered a “work made for hire” under the United States Copyright Law, Section 101, as amended, when the work performed falls within the definition of a work made for hire. Therefore, the copyrights in those works shall belong to Viva Fitness from their creation. Viva Fitness shall be deemed the author and exclusive owner of such works and shall have the right to exploit any or all of the results and proceeds in any media, known now or in the future, throughout the universe, perpetually, in all languages, as determined by Viva Fitness. In the event that any of the results and proceeds of your submissions are not considered a “work made for hire” under the Copyright Act, as amended, you hereby assign, convey, and transfer to Viva Fitness, without additional compensation, all proprietary rights, including but not limited to copyrights and trademarks, throughout the universe, perpetually, in every medium, known now or in the future, to such material. You also assign any and all right, title, and interest in and to all such proprietary rights in every medium, known now or in the future, throughout the universe, perpetually. Any posted material that is a reproduction of your prior works shall be co-owned by us.

You acknowledge that Viva Fitness has the right, but not the obligation, to use and display any postings or contributions you make, and Viva Fitness may choose to discontinue the use and display of such materials, or any part of them, at any time and for any reason.

 

Third-Party and Content

Our Service may contain links to third-party websites or resources that are not owned or controlled by Viva Fitness. We are not responsible for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be liable for any damages or losses arising from your use of any third-party websites or resources.

 

Disclaimer of Warranties

The Viva Fitness Service is provided on an “as is” and “as available” basis. We make no warranties or representations, express or implied, regarding the Service, including but not limited to its accuracy, completeness, reliability, or availability. Your use of the Service is at your own risk. We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

Limitation of Liability

To the fullest extent permitted by law, Viva Fitness shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Service or any content therein. In no event shall our total liability to you exceed the amount paid by you, if any, for accessing or using the Service during the twelve (12) months preceding the claim.

Under no circumstances, including negligence, shall Viva Fitness, its subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of, or inability to use, the Site. This includes messaging, blogs, comments, books, emails, products, services, or third-party materials, products, or services made available through the Site. Even if we are advised beforehand of the possibility of such damages, we shall not be held responsible. Please note that some states do not allow the exclusion or limitation of certain categories of damages, so the above limitation may not apply to you. In such states, our liability, as well as that of our subsidiary and parent companies or affiliates, is limited to the fullest extent permitted by law. You acknowledge and agree that we are not responsible for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Site, any materials, products, or services on the Site, or any of the Site’s terms and conditions, your only remedy is to discontinue use of the Site and the associated products, services, and materials.

Please note that this Site is continually under development, and Viva Fitness makes no warranty, implied or express, regarding its accuracy, completeness, or appropriateness for any purpose.

In relation to the content regarding health and wellness on the Site: The information provided on this Site regarding health, wellness, fitness, and nutrition is intended for educational purposes only. It is important to note that this information should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, it is always recommended to consult with a physician or other qualified healthcare professional. Do not disregard, avoid, or delay seeking medical or health-related advice from your healthcare professional based on something you may have read on this Site. The use of any information provided on this Site is solely at your own risk.

Please be aware that nothing stated or posted on this Site, or made available through any of the services provided, should be considered as the practice of medical or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, but is not limited to, psychiatry, psychology, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis, or advice.

Refund Policy

The refund policy for your purchase of a product, service, or event ticket from Viva Fitness may vary and will be specified for each specific item. Please review the refund policy provided for the individual product, service, event, or course for more information.

All transactions processed by Viva Fitness are conducted in US dollars. Viva Fitness is not responsible for any currency conversion rate or associated fees that may be applicable during the conversion process. Refunds, if applicable, will be issued to the original form of payment used for the transaction. Please note that Viva Fitness has no control over currency conversion rates, and refunds are processed automatically through the purchasing system. Therefore, the refund amount will reflect the currency exchange rate on the day the refund is processed. It is important to be aware that all transactions with Viva Fitness are conducted in US dollars.

 

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of the State of Texas.

Class Action Waiver

By using this Site or any of our services, you agree that any disputes or claims arising from or related to your use of the Site will be resolved on an individual basis and you waive your right to participate in any class action lawsuit or class-wide arbitration. You acknowledge and agree that any such dispute will be brought solely in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Furthermore, you understand that the arbitrator or court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You agree that, by entering into these Terms of Service, you are waiving the right to a trial by jury or to participate in a class action lawsuit.

We reserve the right to modify or update these Terms at any time

VIVA FITNESS

The information provided on this website is intended for general purposes and should be discussed with your doctor. This website does not offer professional advice or services. The concepts, methods, and recommendations presented here are not meant to replace consultation with a medical professional and should only be considered as part of your collaborative efforts with your doctor to create a comprehensive health and fitness plan. It is important to have medical supervision for all aspects of your health. Prior to using our website, it is mandatory to read and agree to our Terms of Service, which limit our liability to you.

Need To Get in Touch? Email: viva.support@mariuxidesouza.com

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