AGREEMENT BETWEEN USER AND ACTIVIO INTERNATIONAL AB (My.Activiofitness.com)

The My.Activiofitness.com Web Site is comprised of various Web pages operated by Activio International AB.

The My.Activiofitness.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the My.Activiofitness.com Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Activio International AB reserves the right to change the terms, conditions, and notices under which the My.Activiofitness.com Web Site is offered, including but not limited to the charges associated with the use of the My.Activiofitness.com Web Site.

LINKS TO THIRD PARTY SITES

The My.Activiofitness.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Activio International AB and Activio International AB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Activio International AB is not responsible for webcasting or any other form of transmission received from any Linked Site. Activio International AB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Activio International AB of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the My.Activiofitness.com Web Site, you warrant to Activio International AB that you will not use the My.Activiofitness.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the My.Activiofitness.com Web Site in any manner which could damage, disable, overburden, or impair the My.Activiofitness.com Web Site or interfere with any other party's use and enjoyment of the My.Activiofitness.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the My.Activiofitness.com Web Sites.

USE OF COMMUNICATION SERVICES

The My.Activiofitness.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• * Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• * Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• * Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• * Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• * Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• * Conduct or forward surveys, contests, pyramid schemes or chain letters.
• * Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• * Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• * Restrict or inhibit any other user from using and enjoying the Communication Services.
• * Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• * Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• * Violate any applicable laws or regulations.

Activio International AB has no obligation to monitor the Communication Services. However, Activio International AB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Activio International AB reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Activio International AB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Activio International AB's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Activio International AB does not control or endorse the content, messages or information found in any Communication Service and, therefore, Activio International AB specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized My.Activiofitness.com spokespersons, and their views do not necessarily reflect those of Activio International AB.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ACTIVIO INTERNATIONAL AB OR POSTED AT ANY MY.ACTIVIOFITNESS.COM WEB SITE

Activio International AB does not claim ownership of the materials you provide to Activio International AB (including feedback and suggestions) or post, upload, input or submit to any My.Activiofitness.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Activio International AB, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Activio International AB is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Activio International AB's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE My.Activiofitness.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACTIVIO INTERNATIONAL AB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE My.Activiofitness.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE My.Activiofitness.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ACTIVIO INTERNATIONAL AB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE My.Activiofitness.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACTIVIO INTERNATIONAL AB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACTIVIO INTERNATIONAL AB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE My.Activiofitness.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE My.Activiofitness.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE My.Activiofitness.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE My.Activiofitness.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF My.Activiofitness.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE My.Activiofitness.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE My.Activiofitness.com WEB SITE.

SERVICE CONTACT : Info@activiofitness.com

TERMINATION/ACCESS RESTRICTION

Activio International AB reserves the right, in its sole discretion, to terminate your access to the My.Activiofitness.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of kingdom of Sweden and you hereby consent to the exclusive jurisdiction and settled in accordance with the Rules of the Arbitration institute of Stockholm Chamber of Commerce in all disputes arising out of or relating to the use of the My.Activiofitness.com Web Site. Use of the My.Activiofitness.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Activio International AB as a result of this agreement or use of the My.Activiofitness.com Web Site. Activio International AB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Activio International AB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the My.Activiofitness.com Web Site or information provided to or gathered by Activio International AB with respect to such use. If any part of this agreement is 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Activio International AB with respect to the My.Activiofitness.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Activio International AB with respect to the My.Activiofitness.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the My.Activiofitness.com Web Site are: Copyright 2003-2021 by Activio International AB and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement under the laws of the kingdom of Sweden should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Protecting the privacy of all of our users who may visit our site (www.activiofitness.com) is an ongoing commitment of ACTIVIO INTERNATIONAL AB (“ACTIVIO®”).

Inherent in this statement is that we will not use any information provided to us through web access to our website, other than to facilitate your browsing experience and ease of use under and in accordance with the Terms and Conditions of Use of Website (“Terms of Use”) as well as to be able to inform you of product upgrades, updated information on this Website and/or enable you to receive offers and services of Activio. Also included in this privacy policy is all other internet accessible services provided under the Activio name and marks.

Below you will find information explaining our policy regarding collection, use and protection of personal information supplied to us when visiting this web site (“Website”).

COLLECTING AND USE OF PERSONAL INFORMATION

You may access most areas of this Website without registration and without giving any personal information of yourself such as you’re name, address, age, phone number and e-mail address (“Personal Information”). However, in some circumstances you may be asked to provide us with Personal Information.

You’re Personal Information is mainly needed or used for the following purposes:

• * To provide you with customized service and contents;
• * To inform you of product upgrades, updated information on this Website and/or new offers and services of Activio;
• * To identify you as the purchaser or the person downloading software, access account and for billing purposes.

CONSENT

By approving this Privacy Policy, you consent to Activio handling of the personal data that you share with Activio concerning yourself or third parties. Such consent is entirely voluntary and shall remain in force until you as User withdraw your consent

You can choose to opt out of receiving commercial messages when you sign-on as a member, or at any later time.

Further, you are asked to choose an Account ID and password to access the [Activio Fitness Solution Service]. You’re password is known only to you unless you disclose it to others. We highly recommend that you do not disclose your password to anyone. At Activio, using the latest security hardware, software and operating procedures, we make every attempt to protect the privacy of you’re personal information stored in the Activio, affiliates, supplier and/or computer systems. However, in honesty you should be aware that there is no data that is transmitted over the Internet that can be guaranteed 100% secure in transmission or safe from theft or illegal acquisition. We will always do our best to protect against such occurrences.

Certain Activio services may be provided to you in conjunction with a third party supplier, publisher or developer. Activio will not distribute, sell or rent any of the personal information you have provided to us without providing to you prior notice of our intention to do so and a clear opportunity for you to prevent any such disclosure.

YOUR RIGHTS:

As User, you have the right at any time and at no cost, to request an extract of your personal data submitted to Activio. Should your data be incorrect, incomplete or irrelevant, you may request a correction or erasure of the data.

If you as User have submitted personal data for a third party, such third party shall have the same rights.

Activio will not erase your data if a statutory requirement exists for storage, such as legal obligations, compliance with accounting standards, or when other legitimate reasons exist as to why the data must be saved, such as unpaid liabilities.

COLLECTING DOMAIN NAME AND IP ADDRESS INFORMATION

Activio collects domain-names and/or IP addresses which are used when accessing this Website. Domain-names and/or IP addresses are collected for system analysis and internal tracking purposes only. An IP address is a numeric code that identifies your computer on a network, or in this case, the Internet. Collecting will occur automatically when you visit this Website without requiring any action on you’re part.

Your IP address is also used to gather broad demographic information, such as determining how many of our visitors are from certain regions.

COOKIES

Cookies are small files that a web site places on your hard drive for record-keeping purposes. Some pages of this Website use cookies.

Activio uses cookies generally in the technical implementation of the order process of software and for the purpose of providing you with customized information from this Website.

Activio does not use cookies for reading data from your computer.

ALT:

There are presently two types of cookies – permanent and temporary. Presently the Activio Website only uses temporary session cookies. This cookie holds only the information that is uniquely generated when the user logs on to the site and persists only as long as the browser is open. The session cookie is used to simplify navigation, hence the session cookie is removed from memory upon closure of the web browser.

This enables better user security and privacy.

Cookies may also be used to provide added convenience to users by “remembering” non-identifiable information to streamline services and preserve user preferences between sessions.

Activio does not store any personal information via cookies, nor is tracing of personal information of visitor possible.

ALT:

Cookies are used on the Activio web site to provide the user with access to functions such as ordering information material, choice of language and the function ‘new since last time’, which shows what is new on the Activio Website since the last time the user visited it. A cookie is also used to ensure that an information page is only shown on the first visit to the web site. To enable this to function, it is necessary for the visitor to accept cookies.

Some browsers can be set to alert you when you are receiving a cookie and to give you the choice to accept or reject the cookie. If you choose not to accept a cookie from this Website some pages of this Website may not function properly and you may not be able to order or download software from this Website.

ALT:

ANONYMOUS DATA COLLECTED THROUGH THIS WEB SITE

In addition to the information we collect as described above, we use technology to collect anonymous information about the use of our Web Site. For example, we use technology to track which pages of our Web Site our visitors view. We also use technology to determine which Web browsers our visitors use. This technology does not identify you personally, it simply enables us to compile statistics about our visitors and their use of our Web Site.

Our Web Site contains hyperlinks to other pages on our Web Site. We use technology to track how often these links are used and which pages on our Web Site our visitors choose to view. Again this technology does not identify you personally – it simply enables us to compile statistics about the use of these hyperlinks.

We use this anonymous data to improve the content and functionality of this Web Site and our e-mail updates, to better understand our customers and markets, and to improve our products and services.

DISCLOSURE

Activio uses its best efforts to protect Personal Information against loss and unauthorized use. Further, Activio will not disclose you’re Personal Information to third parties excluding, however, Activio subsidiaries, affiliates or suppliers to the extent permitted by applicable law.

Every member should be aware that personal information may be legally and rightfully disclosed when it is required by law or when we are protecting Activio’s rights or property or the rights or property of other Activio members, if we have reason to believe that other parties may be interfering with you’re or our rights and property.

UPDATING PERSONAL INFORMATION

In the event you’re Personal Information has changed, for instance if you have a new address, you are encouraged to contact Activio through E-mail (info@activiofitness.com) and inform Activio about the changes.

You may contact Activio any time through the above E-mail address to verify that you’re Personal Information is up to date and accurate.

Data Protection Officer

Should you have any questions about how Activio handle personal data, corrections, erasure and data portability, please contact the data protection officer at:

Email: contact@activiofitness.com

This Web site privacy statement was last updated on Sep 15, 2021.

Activio reserves the right to change this Privacy Policy at any time. Any accessing of this Website signifies that you agree to current Activio Privacy Policy as well as the Terms and Conditions of Use of our Web Site.

If you have any questions or comments regarding this Privacy Policy, please do not hesitate to contact Activio International AB, Agardhsgatan 5, 269 33 Båstad, Sweden or at info@activiofitness.com

If you object to any sharing of you’re Personal Information that may be permitted under this policy, you may do so by writing us at the above address. We will take reasonable steps to accommodate you’re requests as they relate to our commercial practices. In some instances, honouring you’re requests may interfere with or preclude you’re ability to use the Activio website or may require us to terminate our relationship with you.