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Shadow on the Wall

Last updated: 26th August 2021

 

PLEASE READ THIS DOCUMENT CAREFULLY

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SilviaK (silvia.fitness) is an online fitness service. By registering as a member or by using the SilviaK service in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and SilviaK (silvia.fitness). You should also read and understand the SilviaK (silvia.fitness)  Privacy Policy, which is incorporated by reference into this Agreement and is available on the SilviaK site.

Prior to using the SilviaK Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the silvia.fitness and SilviaK Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR SILVIAK SERVICE.

To withdraw this consent, you must cease using the Service and terminate your account.

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HEALTH WARNING AND LIABILITY DISCLAIMER:

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YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE SITE AND SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE SILVIA.FITNESS SERVICE IS AT YOUR OWN RISK.
SILVIAK (SILVIA.FITNESS) AND ANYONE ASSOCIATED WITH SILVIAK SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SILVIAK (SILVIA.FITNESS) SERVICE.

 

Who May Use SilviaK (silvia.fitness)

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You must be at least 18 years old to use the Site and Service.

Notice to parents and guardians: You are responsible for monitoring and supervising your child’s use of the SilviaK (silvia.fitness) Service. If your child is using the Site and Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the SilviaK (silvia.fitness) Service, please contact us at SilviaK@silvia.fitness.

 

Your Representations and Warranties as a Member

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In becoming a Member of silvia.fitness with the intent of using the site and SilviaK Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of silvia.fitness and SilviaK Services.
If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of silvia.fitness and SilviaK.

 

Limitation of Liability

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To the fullest extent permitted by law: (i) in no event shall silvia.fitness and SilviaK, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) SilviaK’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to silvia.fitness and SilviaK over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORISED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.

 

Privacy

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Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;

  • What we use that information for; and

  • When and with whom we share that information.

CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

 

Membership Provisions

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REGISTRATION: To fully use the SilviaK Service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to silvia.fitness and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organisations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by silvia.fitness. If you wish to inquire about possible commercial use, please contact us at SilviaK@silvia.fitness.
Silvia.fitness may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorised users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the SilviaK Service. If you become aware of any unauthorised access to your account, you must change your password and notify us immediately at SilviaK@silvia.fitness.

 

Payments

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Auto billing; Subscription Fees. The SilviaK Service is a paid, auto-renewing subscription service. If you purchase a subscription, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription will continue indefinitely until cancelled by you.

You will be charged in accordance with the billing terms you agreed to at the time you signed up. If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, follow the next step.

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To Cancel your SilviaK Subscription:

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  • first Login to the account at silvia.fitness

  • click ‘My Subscriptions’ (top right corner)

  • click ‘Active’ on your SilviaK Subscription

  • Scroll down and you will see the ‘Cancel’ button at the bottom of the page

Please email SilviaK@silvia.fitness if you are having any issues so they can help guide you.

The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price.
Our Subscriptions are monthly subscriptions, which means that by signing up for the Service you are agreeing to have your credit card automatically billed each month until you cancel your subscription. You may cancel your SilviaK subscription at any time, but note that your cancellation will take effect starting at the end of your current billing period. So, for example, if you have a monthly subscription and cancel mid-month, your cancellation will take effect as of the following month.

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Refunds 

 

Sorry, there are no refunds on SilviaK subscriptions for billing periods that have already lapsed or started. 

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Authorisation 

 

When you sign up for our Service and provide a payment method to SilviaK, you are granting your express consent and are expressly authorising us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE SILVIAK APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. YOU ARE RESPONSIBLE TO NOTIFY SILVIAK@SILVIA.FITNESS OF ANY ISSUES WITH YOUR ACCOUNT IMMEDIATELY, SO WE CAN RESOLVE THE ISSUES.

 

Changes 

 

SilviaK may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in SilviaK’s sole discretion.
SilviaK may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.

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Term and Termination; Account Deletion

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TERM: This Agreement begins on the date you first use the SilviaK Service and continues as long as you have an account with us.

TERMINATION FOR BREACH: SilviaK may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if SilviaK determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage SilviaK’s reputation or goodwill. If SilviaK deletes your account for the foregoing reasons, you may not re-register for the SilviaK Service. SilviaK may block your email address and Internet protocol address to prevent further registration. SilviaK is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

In the event of account deletion for any reason, content that you submitted may no longer be available. SilviaK shall not be responsible for the loss of such content.

 

Indemnification

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You agree to indemnify, defend, and hold harmless silvia.fitness, SilvaK and its affiliates, directors, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the silvia.fitness Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to silvia.fitness violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Silvia.fitness reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with silvia.fitness in connection therewith.

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