Welcome to TABATA OFFICIAL (the “Website”)! Your access to and use of the Website is subject to the following terms of use (“Terms of Use”) and all applicable laws. Please read these Terms of Use carefully before using the Website. By accessing and using the Website or any portion thereof, you accept, without limitation or qualification, these Terms of Use.
Universal Pictures Visual Programming (“UPVP”), its parent, subsidiary and affiliated companies (collectively, “NBCUniversal” or “we” or “our” or “us”) maintain the Website for purposes of: (i) registering Tabata consumers and/or users to provide them with access to information about the Tabata Method and Concept (as defined below) (“Tabata”), enrollment in Tabata courses and other offerings; (ii) allowing Website users to enroll in Tabata training courses; and (iii) additional marketing and customer service purposes. You may use material displayed on the Website for non- commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, copy, distribute, modify, transmit, reuse, re-post, or use the content of the Website, including the text, images, audio, and video, for any purpose without NBCUniversal’s written permission.
Tabata Method and Concept: shall mean the concept, format, structure and content of the Tabata exercise routines, official Tabata know-how and Tabata products as developed and endorsed by Professor Tabata and Universal and provided to Licensee by Universal (as described and detailed in Schedule 1 hereunder).
NBCUNIVERSAL MAY CHANGE THE WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME, AND FOR ANY REASON OR NO REASON.
THE WEBSITE IS CONTROLLED AND OPERATED BY A UPVP-AUTHORIZED THIRD PARTY FROM UPVP’S OFFICES OR SUCH THIRD PARTY’S OFFICES WHICH MAY BE LOCATED WITHIN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. THIS SITE IS INTENDED FOR USE BY USERS IN THE UNITED KINGDOM AND UNITED STATES OF AMERICA ONLY. UPVP MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS AND OTHER COUNTRIES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF ANY, TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
NBCUniversal reserves the right to modify and update these Terms of Use at any time and will post the amended Terms of Use on this Website. Such modifications and updates shall be effective as of the date NBCUniversal posts amended Terms of Use reflecting such changes on this Website. If we make material changes to the Term of Use, we will make reasonable efforts to provide you with prominent advance notice on the Website. If, at any point, you do not agree to these Terms of Use or any changes or updates thereto, your only remedy is not to use the Website and to cancel any accounts that you may have established to access the Website’s features and offerings. Your continued use of the Website after such changes or updates have been posted will constitute your acceptance of such changes or updates. We encourage you to check these Terms of Use often for updates. Note that certain portions of the Website may be subject to additional terms and conditions that will be made available to you, and to which you must agree, before you may access those portions of the Website.
The TABATA OFFICIAL website offers an opportunity for users to enroll and pay for courses to train them in Tabata. Users who register their details for courses and sign up for the associated fees shall be required to read and accept additional Terms and Conditions of Course Enrollment.
1. Registration. You may be required to register on the Website in order to access certain features. You agree to provide us with current, complete, and accurate information in connection with your Website registration. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. NBCUniversal is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
2. System Requirements. Use of the Website requires a computer with Internet access (for which your ISP may charge you fees), and certain internet browsing software (fees may apply), and may require you to obtain updates or upgrades from time to time. Because use of the Website involves hardware, software, and Internet access, your ability to use the Website may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
3. Software. NBCUniversal and its suppliers grant you a personal, non-exclusive, revocable license to use the software and associated content (e.g., text, images, video, graphics, music, sound) made available to you on the Website only for and during the authorized use of the Website and/or the product to which the software and content relate. You may not copy, download, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any software or associated content unless NBCUniversal or its suppliers have expressly allowed you to do so. Some Website features, software, and associated content may be accompanied by an end user licence agreement (“EULA”) or may indicate specific authorized uses or restrictions, in which case the EULA or those other rights and restrictions will apply. Copyright and other intellectual property laws and treaties protect the software and content associated with the Website.
We may disable some or all of the software at any time and for any reason. Except as otherwise set forth herein, the licenses granted to you to particular software under this section will end on the earlier of the date we disable such software or the date that you or we terminate your Account.
4.Copyrights. You should assume that everything you see, read, watch or download on the Website is copyrighted unless otherwise noted, and may not be used except as provided in these Terms of Use without the written permission of NBCUniversal. NBCUniversal or its suppliers own the title, copyright, and other intellectual property rights in the software and associated content made available to you by the Website. Such software and content is licensed and not sold, and NBCUniversal and its suppliers reserve all other rights to the software and content not granted herein. You do not have ownership rights to any software or other content made available or accessible on the Website, regardless of how such software and content is used or downloaded.
NBCUniversal neither warrants nor represents that your use of software, content, and/or other materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with NBCUniversal.
5. PLEASE READ CAREFULLY. THIS SECTION LIMITS NBCUNIVERSAL’S RESPONSIBILITY TO YOU FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR RISK. NEITHER NBCUNIVERSAL (INCLUDING ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AFFILIATES, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AND AGENTS) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE (COLLECTIVELY, “NBCU PARTIES”) SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, CONTENT, CODE OR SOFTWARE AVAILABLE THROUGH THE WEBSITE, OR THE WEBSITE ITSELF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OR ALL OF THE NBCU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ANY NBCU PARTY AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCOUNT OR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AN NBCU PARTY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE NBCU PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. WHILE NBCUNIVERSAL USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, NBCUNIVERSAL MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ITS ACCURACY. THE NBCU PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. WHILE NBC UNIVERSAL TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO ONLINE WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE NBCU PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE NBCU PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE OR USE OF THE WEBSITE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE NBCU PARTIES IS TO STOP USING THE WEBSITE, AND TO CANCEL YOUR ACCOUNT(S). NBC UNIVERSAL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NBC UNIVERSAL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.6. Indemnity. You agree to indemnify, defend and hold the NBCU Parties harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any NBCU Party in connection with any of your transmissions or postings to the Website, your use of the Website, any action taken by NBCUniversal or its designees as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred, or in connection with any breach by you of these Terms of Use. THIS INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. NBCUniversal reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NBCUniversal’s defence of such claim.
7. Submissions. While we are always happy to hear from you, it is NBCUniversal’s policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as videos, technical concepts, know-how or techniques. Any communication or material you do transmit to the Website and/or to other users via the Website (including, without limitation, your use of the Communication Features as defined below) by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be owned by NBCUniversal and NBCUniversal or its affiliates may adapt, change, license, perform, sell, reproduce, disclose, transmit, publish, broadcast, post or otherwise use it as they see fit. Furthermore, NBCUniversal is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By transmitting or posting an unsolicited submission you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that you waive any right to make any claim against NBCUniversal, its parents, subsidiaries or affiliates relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.
8. Interactive Services and User Materials. The Website may offer interactive components such as bulletin boards, chat rooms, blogs, and forums. NBC Universal does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to the Website by you or other users (collectively, “User Materials”). NBC Universal is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, NBC Universal reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. NBC Universal is not responsible or liable for damages of any kind arising from any User Materials even when NBC Universal is advised of the possibility of such damages, or from NBC Universal’s alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials you post to or through this Website. Any violation of these provisions can result in the termination of your access to the Website, and possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by NBC Universal will not infringe or violate the rights of any third party in any manner.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with this Website, you are granting NBC Universal and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. NBC Universal also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this Website is not necessarily those of NBC Universal or its content providers, advertisers, sponsors, affiliated or related entities, and NBC Universal makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. NBC Universal does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and NBC Universal has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this Website is “public,” and in addition to the license granted to NBC Universal, other users will have access to your User Materials and might copy, modify or distribute them.
9. User Code Conduct. In accessing and using this Website and any of the Website forums, you agree that you will not:
. Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page). . Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through Website, or any postings which advocate illegal activity. . Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable. . Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability. . Deliver, or provide links to, any postings containing defamatory, false or libellous material. . Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity. . Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships. . Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another. . Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver. . Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references. . Use the Website in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Website, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment. . Attempt to gain unauthorized access to this Website, other accounts, computer system, or networks connected to this Website, through hacking, password mining, or any other means. . Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website, including harvesting or otherwise collecting information about others such as email addresses.
10. Images. Images of people or places displayed on the Website by UPVP or NBCUniversal are either the property of, or used with permission by, NBCUniversal. The use of these images by you, or anyone else at your request or on your behalf, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
11. Trademarks. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of NBCUniversal and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Website without the written permission of NBCUniversal or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. You are also advised that NBCUniversal will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
12. Third Party/Partner Services. This Website contains links to or references to other web sites owned and operated by third parties. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Website. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of NBCUniversal or any other NBCU Party. This could be the case even for those web sites that carry NBCUniversal’s or other NBCU Parties’ trademarks or logos or which are framed by the Website. Your use of such third party websites is subject to the terms of use and the privacy policies of such websites.
Without limiting the generality of the foregoing, before providing any information to any partner or merchant service page or using its products and services, you should review the terms of use and privacy policy of such websites. NBCUniversal has not reviewed all of the partner or merchant services, if any, offered within the Website and is not responsible for the content of any partner or merchant service pages or any other services offered within the Website. Your use of any partner or merchant service pages is at your own risk. Your correspondence or business dealings with, or participation in promotions of, partners or merchants found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such partner or merchant. NBCUniversal will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such partners or merchants on the Website.
13. Website Operations. The Website is controlled and operated by NBCUniversal or a third party authorized by NBCUniversal (“Third Party”) from its offices or such Third Party’s offices which may be located within the State of California, United States of America. NBCUniversal makes no representation that materials in the Website are appropriate or available for use in other locations and other countries. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Privacy Policy. See our Privacy Policy relating to the collection and use of your information, which is incorporated into and forms a part of these Terms of Use. You hereby consent that NBCUniversal may use your personally identifiable information in accordance with the terms of the Privacy Policy.
15. United States Export Controls. Software from this Website is subject to United States Export Controls. No software from this Website may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Assignment. NBCUniversal may assign Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Account and cease using the Website.
17. Notices. All notices given by you or required under these Terms of Use shall be sent by writing to us at enquiries@tabataofficial.com. NBCUniversal may give notice to you by means of a general notice on the Website, electronic mail to your e-mail address on record in NBCUniversal’s Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in NBCUniversal’s Account information.
18. Governing Law; Venue. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the England. You expressly consent and submit to the exclusive jurisdiction and venue of the courts of England.
19. General. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference and any separate terms of use/service on any feature of the Website, constitute the entire agreement between you and NBCUniversal with respect to the Website and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and NBCUniversal with respect to the Website. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. NBCUniversal’s failure to enforce at any time any of the provisions of these Terms of Use shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by NBCUniversal of any provision, condition or requirement of these Terms of Use shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in these Terms of Use, no default, delay or failure to perform on the part of NBCUniversal shall be considered a breach of these Terms of Use if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of NBCUniversal.