Terms and Conditions
Introduction
These Terms and Conditions (the “Terms”) contain terms which govern the use of our website muscles.club (the “Site”, “Website”), including all pages and features within the website. Use of our Site includes accessing, browsing, or registering to use our Site.
These Terms are a legal agreement between you (referred to herein as “you” or “your”), on the one side, and SOLYPEX DIGITAL LTD (“we”, “us”, “our”), on the other side.
Please read these Terms carefully before accessing or using the Website. Remember that when you create, register or log into an account through the Website you are automatically accepting and agreeing to the most-recent version of these Terms and additional terms, conditions and policies referenced herein on the Website.
Information About SOLYPEX DIGITAL LTD
The Site is operated by SOLYPEX DIGITAL LTD. This domain (muscles.club) and any associated trade marks (registered and unregistered) are owned and/or operated by SOLYPEX DIGITAL LTD, or are operated under licence by us. SOLYPEX DIGITAL LTD is a private limited company with registered office at Archiepiskopou Makariou III 31, Flat/Office 101, 2571 Nicosia, Cyprus.
The Agreement
These Terms, together with those additional terms, conditions, and policies referenced herein, constitute the entire agreement and understanding between the parties with respect to the subject matter hereof; supersede any prior agreements and understandings, if any, between the parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns.
If any provision of these Terms is deemed invalid or unenforceable by a court of law or arbitrator (as applicable) with binding authority, then the remaining provisions shall not be affected, and said court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms.
Upon our request, you agree to sign a non-electronic version of these Terms.
Governing Law
These Terms and the legal relationship between the parties arising in connection herewith shall be governed by and construed in accordance with the laws of Republic of Cyprus without recourse to the conflict of laws rules regardless of the venue or jurisdiction in which a dispute arises.
Our services can be accessed from different countries and territories. That shall not be understood as venue as we did not comport with any local jurisdiction other than the one stated in these Terms and Conditions.
Sign Up and Access to the Site
Registration to the Site
You must be at least 18 years old to use our Site. If you are a minor, are offended by such material or if it is illegal for you to access such material in your home jurisdiction, you must either not access the Site or cease using it immediately (as applicable).
In order to register on Site you must provide all the information required to complete the registration form(s).
You represent that all information provided by you (including billing information) is up to date, complete and accurate. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. You may have only one account.
Access to the Site
Access to our Site is permitted on a temporary basis. We may suspend or terminate the function or existence of all or any part of the Website, and/or your Account at any time, and without notice or recourse, as we deem advisable in our sole discretion. We shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).
Compliance and awareness of these Terms of all persons who use your internet connection to access our Site is your responsibility.
Your Account and Password
Your password (and any other piece of security identification information for this Site) is confidential, non-transferable and is for your personal use only. If you know or suspect that anyone other than you knows your password or login details, you must promptly notify us.
You are solely responsible for the use of your identification information by third parties or for the acts or statements made through your account. We do not accept any liability for or in the event of unauthorized use of your account and/ or password.
We reserve the right to suspend your access to our Site or terminate your account for security purposes if we suspect an unauthorised attempt of access.
Billing Policy
Payments and Packages
We provide subscription packages that you may purchase for further access to features and areas within the Site. We offer to our customers 3 day trials and/or Monthly renewal packages.
The amount of each subscription fee and other essential details will be set by us according to the subscription package you choose at the point of making payment.
We currently offer a standard package of a 3 day trial access to the Site for £1 and Monthly membership for £59.99.
Subscription to any package, including the trial period, creates liability for automatic renewal billing.
By accepting these Terms, you acknowledge that we reserve the right to change subscription fee rates at any time in our sole discretion.
Automatic renewal
Our billing policy is based on an automatic renewal principle within a subscription period.
We automatically renew all paid subscriptions on a monthly basis in order to provide continuous service. Your subscription is being automatically renewed at the same rate that you signed up for using the original payment method. For example, if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when the current month that you have paid for ends and not before.
If the automatic renewal transaction is declined, we reserve the right to attempt to process it again up to 5 times. Your access to the portal shall not be suspended, if no breach of this agreement happened, until the last transaction retry attempt is declined. If the transaction retry attempt is successful – your Subscription will continue on the regular terms. If the last transaction retry attempt is declined your subscription will be cancelled.
We reserve the right to alter our packages at any time. However, for your convenience, any change of fees for a subscription package that you are using shall not be effective to you until the expiration of Subscription.
Payment Security
SOLYPEX DIGITAL LTD takes reasonable precautions to ensure the highest level of protection for customers, protect cardholder data and avoid security breaches. We partner with a credit card processing provider and use strict security protocols to ensure that the credit card transactions are safe and secure. All the payment transactions are processed in accordance with the PCI DSS.
Please note that you may be subject to terms of use of the card processing provider. We disclaim any and all liability that could arise from the actions of such providers.
Term and Termination
These Terms and Conditions shall become binding on you from the point at which you start using the Site as a registered user, either with or without subscription, and will remain in full force and effect unless and until they are terminated or until you use the Site.
Your subscription will be automatically continued on a monthly basis, as stated in Automatic Renewal Billing clause in these terms.
Please note that in order to avoid being charged for the next month you should cancel your subscription prior to the same day of month on which you have signed up originally. You may terminate your user account at any time and for any reason.
We reserve the right to immediately suspend or terminate your access to the Site or to remove your account information, data from our services and any other records in case of your breach of these Terms, without notice. In case your account is terminated, you agree that all fees paid to us are final and all outstanding or pending payments will immediately be due.
In case of termination of your use of the services, we reserve the right to send a notice explaining such termination to other members you have contacted through the services.
Cancellation Policy
There are three ways to cancel your subscription or trial membership:
• by visiting the “My Account” section of the Site and following the relevant link to Remove Your Account;
• by submitting a Cancel Subscription form;
• by contacting our Support with the respective request.
No refunds will be provided for any partial-month subscription periods or unused services. If you cancel your subscription or trial membership, you will have access to the Site till the end of paid period. No payments shall be charged in the following month.
Refund Policy
Our refund policy is based on a case-by-case method. During each investigation things such as complaints from other users or customers comments will be considered. If an issued refund is for a recurring billing, we will only refund the most recent payment. A refund for either recurring or nonrecurring billing will result in an immediate cancellation of the service.
Please note that by accepting these terms you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company, in case you find any charge made to your account unjust. You should contact us via email, stating your reasons for dispute. This will help us to avoid inconveniences and to accurately and promptly assess your complaint. If the investigation justifies your claim, we shall in a timely manner credit your card with the disputed amount.
Use Policy
Your use of the Site
Our sites are optimised for all modern browsers including IE7+ and above, Firefox 2+, Safari 3+, Chrome and Opera with standard default browser settings.
Please note that your use of the Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform users prior to maintenance work or updates. You acknowledge and agree that the nature of the Internet means that the security, availability and integrity of Internet data transmissions cannot be guaranteed. We do not accept any liability for any breach of the security, availability and integrity of Internet data transmissions except any liability that may arise from the General Data Protection Regulation (EU 2016/ 679).
Limitations of Use
You agree that you will not post any content on our Site, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Site that:
• Breaches any applicable local, national or international law or regulation.
• Is defamatory of any person.
• Contains any material which is obscene, offensive, hateful or inflammatory.
• Promotes sexually explicit material.
• Promotes violence.
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringes or violates any third party rights including (by way of example only) any copyright, database right or trade mark of any person).
• Is likely to deceive any person.
• Is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promotes any illegal activity.
• Is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety.
• Is likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonates any person, or to misrepresent your identity or affiliation with any person.
• Gives the impression they emanate from us, if this is not the case.
• Advocates promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• Is for the purpose of harming or attempting to harm minors in any way.
You may also not use our Site to:
• Transmit, or procure the sending of, any advertising or promotional material (unsolicited or otherwise) or any other form of similar solicitation.
• Transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Collect or store personal data about other users or members without their consent or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information.
• Post a profile or send a message to any user for any purpose other than to interact with other individuals online.
• Access data not intended for you or log onto a server or account which you are not authorised to access.
• Attempt to scan, or test the vulnerability of the system or network or to breach the security of our site.
We reserve the absolute right to determine if any acts of yours breach the listed provisions.
Uploading Content
Any content you upload to our Site will be considered non-confidential and non-proprietary (subject to exclusion of moral rights), and we have the right to use, copy, distribute and disclose to third parties any such content subject to data protection legislation that might apply.
Whenever you upload content to our Site, or make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy hereunder. Such compliance is your responsibility, as well as to indemnify us for any breach of it.
We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any content you post on our Site if, in our opinion, your post does not comply with the policy standards set out in our Acceptable Use Policy.
Users are encouraged to notify us of other user content, which they think does not comply with these Terms.
Linking to the Site
Under no circumstances can you establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other site.
Malware
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a DoS attack or a DDoS attack. If you breach this provision, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Due to the nature of Internet, we cannot guarantee that our site will be secure or free from bugs or viruses.
Intellectual Property Rights
We (or our licensors or identified authors) shall retain all Intellectual Property rights in and to all of the SOLYPEX DIGITAL LTD business, information, technology and other proprietary materials, including but not limited to the Site and products and services, (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, “look and feel”, images, text, graphics, illustrations, data and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto and all other aspects of such technology or product) or any derivatives thereof, the name “SOLYPEX DIGITAL LTD” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by us and made available to you through the Site or otherwise (“Intellectual Property”).
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use. Any modification the paper or digital copies of any materials you have printed off or downloaded in any way is prohibited. You have no right to disassemble any materials used on the site, which means using any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text and vise versa.
You agree to acknowledge the status of us and any identified contributors as the authors of content on our Site. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from our licensors or us.
Breach of these terms of use ceases your right to use our Site immediately and makes you liable to either return or destroy any copies of the materials you have made in our discretion.
Limitation of Liability
Your visit, access, registration with or use of the Site in any way is done at your own risk. The Site, the success or performance of it and all information, communications, content, features, products and services offered, sold and/or licensed on or through the Site are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. We do not make, nor have we made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Site, the success, performance, functionality, reliability or safety of the Site or any such information, communications, content, features, products or services.
SOLYPEX DIGITAL LTD expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, reliability and performance) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Site, the success, performance, functionality, reliability or safety of the Site and any such information, communications, content, features, products and services.
In no event shall we be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this website and/or the information or content posted on this Site, regardless of whether the SOLYPEX DIGITAL LTD has been advised as to the possibility of such damages.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service ordered or purchased through the Site.
Any opinions, advice, statements, offers or other information or content made available through our Site, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for that content. We provide no warranties or guarantees in respect of such content.
The Site is provided for domestic and private use only. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
In case the laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages, some or all of the exclusions or limitations in this provision may not apply to you. In such jurisdictions the SOLYPEX DIGITAL LTD liability shall be limited to the maximum extent permitted by the applicable law.
Third Party Links and Resources
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no liability and control over the contents of those sites or resources.
Warranties and Disclaimer
We make reasonable efforts to update the information on our Site. However, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
Indemnification
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement and/or to your use of the Site.
Amendments to the Site
The content on this Site and the structure of it is being updated from time to time. Please note that any of the content on our Site may be out of date at any given time, and (except where applicable law requires) we are under no obligation to update it.
Since errors or omissions may occur due to the nature of Internet, we do not guarantee that our Site, or any content on it, will be free from them.
Contact Information
Address: Archiepiskopou Makariou III 31, Flat/Office 101, 2571 Nicosia, Cyprus. E-mail: [email protected]
Amendments to these Terms
We may supplement, amend or otherwise modify these Terms at any time. Such modifications will be posted on this or a similar page of the Site, or sent to the you by e-mail, as applicable. Your continuing visit, access, registration or use of the Site reaffirms your acceptance and agreement in each instance.
Thank you for visiting our Site.