Magene Fitness Terms of Service
Effective Date: June 22, 2020
In order to use Magene’s Services, you should read and abide by the "Magene Fitness Terms of Service". These terms of service (these “Terms”) governs your use of (1) your purchase and use of Products (defined below), and (2) your access to and use of the services, including the various mobile applications (the “Services”). “We”, “us”, “our”, or “Magene Fitness” means Qingdao WattPower Information Technology Co., Ltd. doing business as Magene Fitness. “You”, “your” or “User” means the person indicating acceptance of these Terms or using the Services.
Please be sure to read carefully and fully understand the Terms. BY ACCEPTING THESE TERMS, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY ACCESSING AND USING THE SERVICE, YOU AGREE TO THESE TERMS.
1. Use of the Services
1.1 Use of the Services. Subject to the terms and conditions of these Terms, we grant you a limited, worldwide, non-exclusive, non-transferable right during the term of these Terms to use the Services. The Services are for your personal non-commercial use only, unless you and Magene Fitness agree otherwise. Your rights to use the Service are subject to any limitations on use of the Service based on the version of the Service you purchase or register for (collectively, the “Scope Limitations”) and your rights to use the Service are contingent upon your compliance with the Scope Limitations and these Terms. You are solely responsible for your conduct, any data uploaded into the Services, or otherwise provided for processing by the Service (collectively, “Your Data”), the content of Your Data and legality and means by which you acquired it, and all communications with others while using the Service. You acknowledge that we have no obligation to monitor any information on the Services, but we may remove or disable any information that you make publicly available on the Services at any time for any reason or for no reason at all. We are not responsible for the availability, accuracy, appropriateness, or legality of Your Data or any other information you may access using the Services.
1.2 Acceptable Use. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) rent, lease, interfere, destroy, modify or except as explicitly set forth in these Terms, otherwise permit third parties to use the Services; (b) use the Services to provide services to third parties as a service bureau or in any way that violates applicable law; (c) circumvent or disable any security or other technological features or measures of the Services, or attempt to probe, scan or test the vulnerability of a network or system, or to breach security or authentication measures; (d) upload or provide for processing any information or material that is false, misleading, illegal, defamatory, offensive, abusive, obscene, or that violates privacy or intellectual property rights of any third party; (e) use the Services to harm, threaten, or harass another person or organization; or (f) send, store, or distribute any viruses, worms, Trojan horses, or other disabling code or malware component harmful to a network or system. You will not copy, reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service or its underlying software. You will neither alter nor remove any trademark, copyright notice, or other proprietary rights notice that may appear in any part of the Services and will include all such notices on any copies.
1.3 Authorization. You may not use any third-party software, plug-ins, plug-ins or systems to view or obtain any relevant information, data and other content of Magene Fitness, Magene Fitness partners or users of the Services without the authorization from Magene Fitness.
1.4 Reservation of Rights. We retain all right, title, and interest in and to the Services, its underlying technologies, and all related intellectual property rights, including without limitation any modifications, updates, customizations, cards, apps, or other add-ons. Your rights to use the Services on are limited to those expressly set forth in these Terms. We reserve all other rights in and to the Services and its underlying technologies.
1.5 Service Availability. You are responsible for making Your Data available that is necessary for us to provide the Services. Actual service coverage, speeds, locations and quality may vary. We will attempt to provide the Services at all times, except for periods for maintenance and repair or in the case of emergencies or outages. The Services may be subject to unavailability for a variety of factors beyond our control including, without limitation, emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users, data, our systems, or the Services. The accuracy and timeliness of data received is not guaranteed.
2. Right to Terminate Access
2.1 Termination. We may deny, suspend, terminate or restrict your access to all or part of the Services without our reasonable discretion.
2.2 Post-Termination Obligations. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, we may delete all your data, and other information stored on our servers. Sections 1.4, 2.2, 3.2, 4.1, 9, 10, 13.
3.1 Data Security and Transmission. We will use commercially reasonable efforts to maintain industry standard administrative, physical, and technical safeguards designed for protection of the security, confidentiality and integrity of your Data. Notwithstanding the foregoing, we cannot guarantee any transmissions made on or through the Internet by you will be secure or confidential. You acknowledge that use of the Service involves transmission of Your Data and other communications over the Internet and other networks are not protected by encryption, and that such transmissions could potentially be accessed by unauthorized parties. You must protect your login name and password from access or use by unauthorized parties, and are solely responsible for any failure to do so. You must promptly notify us of any suspected security breach at email@example.com.
3.2 Your Data. Your Data is your property. We use data in accordance with our privacy policies found here[BA1]. You grant us a non-exclusive, worldwide, perpetual, royalty-free license to use, copy, transmit, sub-license, index, store, aggregate, and display Your Data as required to provide or perform the Service, account management and support services, and technical services, and to publish, display, and distribute de-identified information derived from Your Data and from your use of the Service for any lawful purposes, including, without limitation, improving our products and services, developing new products and services, and developing, displaying, and distributing benchmarks, analysis and similar reports, provided that we do so in accordance with all applicable laws.
4. Feedback and Other Content
4.1 The Services may permit you to or you may otherwise submit feedback, user community contributions and comments, technical support information, suggestions, enhancement requests, recommendations, and messages relating to the use and operation of the Services. You grant to us a royalty-free, fully paid, non-exclusive, perpetual, irrevocable, worldwide, transferable license to display, use, copy, modify, publish, perform, translate, create derivative works from, sublicense, distribute, and otherwise exploit such content without restriction.
5. Intellectual Property
5.1 The intellectual property rights of the content provided by Magene Fitness for the Services (including but not limited to web pages, text, pictures, audio, video, charts, computer software, etc.) are owned by Magene Fitness. The property rights belong to the user or the relevant right holder, unless you and Magene Fitness agree otherwise.
5.2 Unless otherwise specifically stated, the copyright, patent rights and other intellectual property rights of the software upon which McGold provides the Services belong to McGold.
5.3 The copyrights or trademarks of “Magene Fitness", "Maijin", "Onelap" and deer image used by Magene Fitness in the Services belong to Magene Fitness.
5.4 The intellectual property rights of the above and any other content contained in the Services are protected by laws and regulations, and no one may use or create related derivative works in any form without the written permission of Magene Fitness, users or related rights holders.
6.1 General Disclaimer. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT MAKE ANY ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICE. WE DO NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT OPERATION OR USE OF THE SERVICE WILL BE SECURE OR UNINTERRUPTED. WE EXERCISE NO CONTROL OVER AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF OR BASED UPON THE RESULTS OF USE OF THE SERVICE OR DOCUMENTATION.
7. Comply with local laws and regulations
7.1 When using the Services, you should abide by relevant local laws and regulations, and respect local morals and customs. If your behavior violates local laws, regulations or ethical customs, you should be solely responsible for this.
7.2 You should avoid using the Services in a way to make Magene Fitness violate laws and regulations or be involved in political and public events. Otherwise, Magene Fitness has the right to suspend or terminate services to you.
8. Violations of laws and regulations
8.1 If you violate the relevant laws and regulations or the provisions of these Terms during the use of the Services, the relevant national agency or institution may file a lawsuit, fine or take other sanctions against you, and ask Magene Fitness to provide assistance. Therefore, if you cause damage to you or others, you should bear all the responsibilities yourself, and Magene Fitness will not bear any responsibility.
8.2 If you violate the Terms, Magene Fitness has the right to make independent judgments and take corresponding measures, including but not limited to deleting, blocking or disconnecting related content through technical means. At the same time, Magene Fitness has the right to take measures including, but not limited to, suspending or terminating the provision of Services to you, restricting, suspending, freezing or terminating your use of Magene Fitness Services, and prosecuting legal liabilities.
8.3 If you violate any agreement of these Terms, resulting in loss of any subject, you shall bear the responsibility independently; if Micron suffered losses, you shall also compensate.
9.1 You agree to defend, indemnify and hold us, our affiliate companies, and each of our respective directors, officers, employees, contractors, agents, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to (i) any violation of these Terms by you; (ii) Your Data or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any applicable laws or rights of another; (iv) your negligent or more culpable conduct; or (v) your use of the Services. We may, at our own expense, elect to assume the exclusive defense and control of any third party claim otherwise subject to defense by you. You may not settle or compromise any claim subject to this section without our prior written consent in our sole discretion.
10. Limitations of Liability
10.1 Disclaimer of Indirect Damages. UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“MAGENE FITNESS PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
10.2 Cap on Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ANY MAGENE FITNESS PARTIES’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) TOTAL AMOUNTS PAID BY YOU UNDER THESE TERMS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM OR (B) FIVE HUNDRED DOLLARS ($500).
10.3 Claims Period Limitation. Subject to any applicable law to the contrary, you agree any cause of action arising out of or related to the use of our Services must be commenced within two (2) years after the cause of action accrues, or such action will be permanently barred.
10.4 Exception. Some states or jurisdictions may not allow the exclusion or the limitation of liability. In such states or jurisdictions, the Magene Fitness Parties’ liability to you shall be limited to the full extent permitted by law.
10.5 Independent Allocations of Risk. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of these terms between the parties. This allocation is reflected in the pricing offered by us to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy in these Terms.
11. Force Majeure and other exemptions
11.1 You understand and agree that during the use of the Services, you may encounter risk factors such as force majeure, which will affect the Services. Force majeure refers to objective events that are unforeseeable, insurmountable and unavoidable and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics and storms, and social events such as wars, unrest, and government actions. . When the above situation occurs, Magene Fitness will try to cooperate with the relevant units as soon as possible, and strive to deal with it in a timely manner, but Magene Fitness will be exempted from the losses allowed by the law within the scope allowed by law.
11.2 To the extent permitted by law, Magene Fitness shall not be liable for service interruptions or interruptions caused by:
(1) Damaged by computer viruses, Trojan horses or other malicious programs or hacker attacks.
(2) The computer software, system, hardware and communication line of the user or Magene Fitness are faulty.
(3) The user not operate properly or the user using the Services in a way that is not authorized by Magene Fitness.
(2) Outdated program version, aging of equipment and / or compatibility issues.
(5) Other circumstances beyond which Magene Fitness cannot control or reasonably foresee.
11.3 You understand and agree that in the process of using the Services, you may encounter risks caused by network information or other user behaviors, and Magene Fitness shall not be liable for the authenticity, applicability, and legality of any information, nor for infringement. These risks include but are not limited to:
(1) Anonymous or impersonal information from others containing threats, defamation, offensive or illegal content. Suffering from misleading, deceiving, or any other psychological or physical injury and economic loss caused or possibly caused by others.
(2) Other risks caused by network information or user behavior.
12. Changes to the Terms
12.1 We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting a notification within the Services or by contacting you via email at the address you provided. As your next use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide all registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account. Your use or continued use of the Services following the posting or notice of any changes to these Terms shall constitute your acceptance of the changed Terms.
13.1 Access by Competitors. You may not access the Service if you are our direct competitor, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purpose
13.2 Relationship. We will be and act as an independent contractor (and not as the agent or representative of you) in the performance of these Terms.
13.3 Assignment and Delegation. You may not assign any of your rights or delegate any of your obligations under these Terms (in whole or in part) without our prior written consent, except in connection with a change of control, merger, or by operation of law. Your assignment or delegation will not relieve you of your obligations under these Terms nor release you of your liability under these Terms. We may voluntarily, involuntarily, or by operation of law assign any of our rights or delegate any of our obligations under these Terms without your consent. Any purported assignment or delegation in violation of this Subsection will be null and void. Subject to this Subsection, these Terms will bind and inure to the benefit of each party’s respective permitted successors and permitted assigns.
13.4 Notices. Any notice required or permitted to be given in accordance with these Terms will be effective if it is in writing and sent by certified or registered mail, or overnight courier, return receipt requested, to the appropriate party at the address at the address provided by the other party and with the appropriate postage affixed. Either party may change its address for receipt of notice by notice to the other party in accordance with this Subsection. Notices are deemed given two business days following the date of mailing or one business day following delivery to a courier.
13.5 Governing Law. These terms will be interpreted, construed, and enforced in all respects in accordance with the People's Republic of China (excluding the conflict of laws).
13.6 No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.
13.7 Waiver and Modifications. Failure, neglect, or delay by a party to enforce the provisions of these Terms or its rights or remedies at any time, will not be construed as a waiver of the party’s rights under these Terms and will not in any way affect the validity of the whole or any part of these Terms or prejudice the party’s right to take subsequent action. Exercise or enforcement by either party of any right or remedy under these Terms will not preclude the enforcement by the party of any other right or remedy under these Terms or that the party is entitled by law to enforce.
13.8 Mandatory Arbitration. If there is any dispute, claim or controversy or dispute between you and Magene Fitness arising out of or relating to these Terms or the Services (collectively, the “Disputes”), you agree that such Disputes should first be settled through friendly negotiation. If the negotiation fails, you agree to submit the Disputes to the place where these terms were signed (that is, Licang District, Qingdao City, Shandong Province, China). The people's court has jurisdiction.
13.9 Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the use of the Services under these Terms is found to be illegal, unenforceable, or invalid, your right to use the Services will immediately terminate.
13.10 Headings. Headings are used in these Terms for reference only and will not be considered when interpreting these Terms.
13.11 Entire Agreement. These Terms contain the entire agreement of the parties with respect to the subject matter of these Terms and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms. If any provisions of these Terms are partially invalid or unenforceable for whatever reason, the remaining provisions of the Terms are still valid and binding on both parties. If the Terms are available in multiple languages such as Chinese and English, and the corresponding content is inconsistent, the Chinese version shall prevail.
14. Contact Us
14.1 If you have any comments or suggestions on this agreement or this service, you can contact the Magene Fitness Customer Service Department, and we will give you the necessary help.
Qingdao WattPower Information Technology Co., Ltd.
207 Room No. 2 Building, 130 JiuShui Dong Road, Qingdao International Innovation Zone, LiCang District, Qingdao, Shandong, China