Pro Fitness Wellness user generated content terms of use

Pro Fitness Wellness ("Trainer KK-Palvelut") reaches out to social media users and influencers to request their consent to feature user-generated content on various platforms, social media channels, and promotional materials. You are reading this because Pro Fitness Wellness has asked for your consent to use your social media content in this way.

If you choose to grant us permission to use your social media content ("User Generated Content") by responding with the hashtag #PFWstart, you agree to these Terms of Use.

Pro Fitness Wellness engages a limited number of service providers to facilitate the collection and transmission of User Generated Content to the Pro Fitness Wellness websites https://profitnesswellness.co and others) ("Site"), social media channels, promotional materials, and other assets ("Pro Fitness Wellness Assets") for use in connection with its business, including Pro Fitness Wellness's product features, marketing, promotions, advertising, and other consumer-related activities ("Pro Fitness Wellness Services and Products").

Pro Fitness Wellness reserves the right to change these Terms of Use without advance notice by posting an updated version. Therefore, you should review the terms each time you grant consent or authorization to feature your User Generated Content.

USER CONTENT LICENSE

You hereby grant Pro Fitness Wellness and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, as well as their respective retail partners, marketing or public relations agencies, and other affiliates ("Licensed Parties") a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Generated Content in any manner to be determined at the sole discretion of the Licensed Parties.

This includes but is not limited to webpages and social media pages operated by the Licensed Parties, promotional emails and advertisements, and in any and all other marketing, promotional, and advertising campaigns, and in any media now or hereafter known.

The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter, and/or edit your User Generated Content in any manner at their sole discretion, with no obligation to you whatsoever.

You allow the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You hereby agree, represent, and warrant that (i) you are solely responsible for your User Generated Content, (ii) you own all rights to your User Generated Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage, or otherwise claim any rights with respect to such User Generated Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary, or other rights, of any third party, or any law, rule, or regulation, and (v) the User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge, and agree to hold the Licensed Parties and any person acting on their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Generated Content.

The User Generated Content you submit is deemed non-confidential, and the Licensed Parties have no obligation to maintain the confidentiality of any information contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies.

By using this Site or the Services, you consent to the collection of any personal information you provide for the use and disclosure in connection with the User Generated Content as described herein. If you do not agree to the collection, use, and disclosure of your personal information in this way, please do not use this Site or the Services or otherwise provide the Licensed Parties with personal information.

By using the Site or the Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer, and processing of your information in accordance with the terms of these Terms, the Privacy Policy, and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any User Generated Content from the Site and the Pro Fitness Wellness Assets.

ADDITIONAL TERMS

These Terms of Use apply to the entire Site, Pro Fitness Wellness Assets, Pro Fitness Wellness Services, and your User Generated Content unless otherwise provided. You certify that you are at least 18 years of age.

INTELLECTUAL PROPERTY RIGHTS

The Site, Pro Fitness Wellness Services, or Pro Fitness Wellness Assets may be protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Pro Fitness Wellness by authorizing the use of your User Generated Content or otherwise using or accessing the Site, the Pro Fitness Wellness Services, or the Pro Fitness Wellness Assets.

MISCELLANEOUS

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Pro Fitness Wellness's prior written consent. Any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Pro Fitness Wellness does not exercise or enforce any legal right or remedy contained in these Terms of Use (or which Pro Fitness Wellness has the benefit of under any applicable law), this will not be taken as a formal waiver of Pro Fitness Wellness's rights, and those rights or remedies will still be available to Pro Fitness Wellness.

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

10.11.2023