TERM OF USE

The mobile applications, websites, and related services (collectively, the “Services”) are provided to you by Labours of Hercules Ltd. trading as MagicMountain ("LoH", “MagicMountain”, “Magic Mountain”, "we", "us" or "our"), a limited company incorporated under the laws of England and Wales with registered address at Church Barn, 88 The High Street, Aylesford, Kent, ME20 7AZ, UK. The MagicMountain Services are provided in accordance with the contents of this these Terms of Service (the “Terms”) and in accordance with the MagicMountain Privacy Policy (the “Privacy Policy”).

MagicMountain is a service for recording, and sharing of fitness activities via an online platform. In order to safely and responsibly manage these Services for all of our users, your use of the Services is subject to the terms and conditions defined here below. More information about the Services may be found at www.magicmountain.app

By accessing and using the Services you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. We may modify these Terms and the Privacy Policy at any time and such modification will be effective upon posting to the Services. If you do not agree to these terms, do not access or use the Services.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity to these Terms and that it is fully binding. In such case, the term “you” will refer to such entity. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The MagicMountain Services require data about you to be processed, including personal data. Processing of the data you share with MagicMountain is essential to the Services which we provide and a necessary part of the performance of our Services.

You agree that no joint venture or partnership exists between you and MagicMountain as a result of the Terms or your use of the Services. The failure of MagicMountain to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. In the event that any dispute cannot be settled, then court or arbitration proceedings shall be held in England, UK. This agreement was written in English, and this English version controls over any translation.

MagicMountain may transfer its rights under these Terms where it reasonably believes that your rights will not be affected. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

You may not transfer any of your rights under these Terms to any other person.

Registration and Security

The Services are intended for persons who are 18 years old or such a higher age required in your country to use the Services. By using the Services and agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are under the legal age to form a binding contract in your region, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

To register or sign up to create an account with MagicMountain, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that MagicMountain may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or MagicMountain has reasonable grounds to suspect that such User Data is inaccurate or not current, MagicMountain has the right to suspend or terminate your account and refuse current or future use of the Services.

You may register for or log-in to your account via a third-party network, such as Facebook. In doing so you hereby authorise MagicMountain to populate registration and other relevant information fields of your account, and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

MagicMountain Services store and process personal data that you have provided to us, in order to provide the Service. It is the responsibility of the User to keep your devices and access to the Services secure. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and any mobile devices while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

We endeavour to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party unauthorised “hackers” from illegally accessing the Services or its contents. You agree to immediately notify MagicMountain of any unauthorised use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to User Data and any other information or content you provide to MagicMountain.

User Accounts and Users Conduct

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, or privately transmitted. You grant MagicMountain a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

You understand that you, and not MagicMountain, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. MagicMountain does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. MagicMountain may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms, or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MagicMountain be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that MagicMountain is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. Your Content will not be subject to any obligation of confidence on the part of MagicMountain other than as set forth in our Privacy Policy and MagicMountain will not be liable for any use or disclosure of any Content you provide.

Please review our Privacy Policy for more information on how to manage your privacy controls.

You give MagicMountain permission to use your profile first and last name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the MagicMountain service without compensation to you.

The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.

You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

  1. Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the Services;
  2. Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
  3. Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, User Accounts or networks of any other party;
  4. Avoiding payment of charges or fees payable by you with respect to the Services;
  5. Committing any act that may be harmful to minors;
  6. Distributing, or disclosing any part of the Services in any medium;
  7. Using any automated system to access or overload the Services;
  8. Collecting or harvesting any information relating to an identifiable individual from the Services;
  9. Using the Services for any inappropriate commercial solicitation purposes;
  10. Submitting to the Services or to MagicMountain any illegal information or Content;
  11. Bypassing the measures we may use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any Content;
  12. Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offence or give rise to civil liability;
  13. Removing any copyright, trademark or other proprietary rights notices contained in or on the Services;
  14. Copying, framing or mirroring any part of the Services; or
  15. Permitting any third party to access the Services;

The Services function as a venue to connect Users in a virtual information place. As a neutral facilitator, MagicMountain is not directly involved in the actual interactions between Users of the Services. As a result, MagicMountain has no control over the truth, accuracy, quality, legality, or safety of postings made by Users of the Services. MagicMountain shall have no responsibility to confirm or verify the identity of Users, or the qualifications, background, or abilities of Users of the Services.

If you elect to use our features to inform your contacts about the Services or share your information with others, MagicMountain may require you to provide contact information. MagicMountain may contact that person or company via an email, text message, or notification via a mobile application.

You understand that you are responsible for any charges associated with sending communications via your device.

You represent and warrant that: (i) you are authorised to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

The Services may provide you with the ability to send or post messages to forums or send similar messages and communications to third party service providers, advertisers, your personal contacts, other users and/or MagicMountain. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which MagicMountain provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable).

By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, and shall satisfy any legal requirement that such communications be in writing.

Third Parties

Third party services made available on the Services are made and offered directly by the applicable third party, and by using these services you acknowledge that you are contracting directly with such third party and not with MagicMountain.

You are not obligated to use or transact business with any third party that appears on the Services. You agree that MagicMountain shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the services.

MagicMountain or third parties may provide links to other internet sites or resources through the Services. MagicMountain does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

The term ‘MagicMountain’ and the MagicMountain logo are the exclusive trademarks of, and are owned by, Labours of Hercules Ltd., and you may not use or display such trademarks in any manner without the written permission of MagicMountain. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Disclaimer of Warranties and Liability

The Information, Software, Products, Services and Content available through the Services are provided to you “as is” and without warranty.

MagicMountain and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. MagicMountain and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the Service will meet your requirements; (b) your Content will be available or the Service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) the quality of any Products, Services, Information or other material purchased or obtained by you through the Service will meet your expectations; and (e) any errors in the Services will be corrected.

You expressly agree that MagicMountain is not providing medical advice via the Services.

You are responsible for ensuring that you are of an appropriate fitness level to use the Services. If you are in any doubt, consult your doctor. The condition or suitability of any equipment used to exercise is not the responsibility of MagicMountain.

The content provided through the Services, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your doctor or other medical professionals, (b) a visit, call or consultation with your doctor or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health related questions, please call or see your doctor or other healthcare provider as soon as possible. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the Services.

Should you have an emergency, call your doctor or the emergency services immediately. For immediate emergency assistance in the United Kingdom, dial 999.

You expressly agree that your workout activities or those provided by MagicMountain carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of MagicMountain or by the action, inaction or negligence of others.

You expressly agree that MagicMountain does not assume responsibility for the inspection, supervision, preparation, or conduct of any mountain, contest, challenge, or group activity that utilises the Services.

You expressly agree to release MagicMountain, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “Released Parties”) from any and all liability in connection with your athletic activities and/or use of the MagicMountain websites, mobile applications, Content, Services or Products and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the Services, (b) your use or misuse of equipment or programs created or licensed by MagicMountain while engaged in athletic activities, (c) your dealings with third-party service providers or advertisers available through the services, (d) any delay or inability to use the Services experienced by you, or (e) any Information, Software, Products, Services or Content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if MagicMountain has been advised of the possibility of damages.

In the event that certain jurisdictions do not allow some or all of the exclusions or limitations of liability above, such as exclusions for consequential or incidental damages, some of the above limitations or exclusions may not apply to you. In entering into this release, you acknowledge that you have read and understand and hereby expressly waive the benefits of any similar law of any country, state, or territory.

MagicMountain does not endorse your Content or any other User’s Content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content on the Services.

Labour of Hercules Ltd’s maximum aggregate liability to you pursuant to these terms shall not exceed the greater of either (a) fifty pounds (£50) or (b) the amount of fees paid by you to MagicMountain in the 12-months prior to date the claim.

You agree to indemnify and hold MagicMountain and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your workout activities which generate the Content you post or seek to post on the Services your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity.

Termination

You agree that MagicMountain may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) prevention of further use of the Services.

You agree that all terminations for cause shall be made in MagicMountain’s sole discretion and that MagicMountain shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: User Content submitted to the Services, Proprietary Rights, any feedback provided, and Disclaimer of Warranties and Liability.

Support and Questions

To raise any questions regarding the Services and these Terms, please contact us at support@magicmountain.app