HOLLYWOOD ABS SERVICE TERMS AND CONDITIONS
Last update: 14 March 2023

 

By accessing or using HollywoodAbs, you agree to be legally bound by Terms. Please read this document carefully. If you do not agree with one or more provisions of these Terms, you should not use HollywoodAbs.

 

1. GENERAL INFORMATION

1.1 The Terms. These Hollywood Abs Terms and Conditions (the “Terms”) govern the access and use of the website www.hollywoodabs.de (the “Website”) and the online programs on how to train abdominal muscles (the “Programs”) (collectively, “HollywoodAbs”) by an individual user (“you” and “your”). You are not permitted to use HollywoodAbs if you do not agree with one or more provisions of the Terms.

1.2 Provider of HollywoodAbs. HollywoodAbs is owned, operated, and provided by EATAPPLES(“we,” “us,” and “our”).

1.3 License to use HollywoodAbs. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use HollywoodAbs pursuant to these Terms.

1.4 Accuracy of information. Although we regularly monitor the information available on HollywoodAbs, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties. We shall not be liable for any loss caused, whether due to negligence or otherwise arising from the use of, or reliance on, the information provided directly or indirectly, on HollywoodAbs.

1.5 Third-party links. HollywoodAbs may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.

1.6 Minors. HollywoodAbs is not marketed and intended for use by persons under the age of 18.

1.7 Privacy. The processing of personal data through HollywoodAbs is conducted in accordance with HollywoodAbs Privacy Notice.

1.8 Commercial communication. If we have your email address, we may, from time to time, send you information about HollywoodAbs. You will receive our newsletters in the following instances:

• If we receive your express (“opt-in”) consent to receive our newsletters; or

• If you ask us to send our newsletters; or

• If we decide to send you information closely related to services already used by you.

1.9 Opting-out. You can opt-out from receiving our commercial communication at any time free of charge by clicking on the “unsubscribe” link included in our emails or by contacting us directly.

1.10 Service-related notices. If necessary, we will send you important informational messages, such as confirmation receipts, technical emails, and other administrative updates. Please note that such messages are sent on an “if-needed” basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out from service-related notices.

 

2. DISCLAIMERS

2.1 The information provided on HollywoodAbs is for general information only. Such information does not substitute or replace professional medical advice, diagnosis, or treatment. You should consider seeking independent medical advice to check how the information that you find on HollywoodAbs relates to your unique circumstances. You must consult a certified healthcare provider if you have any concerns about your health and in any case before starting the Programs. We give no assurance that any Programs include the most recent medical research findings or developments. Do not disregard, avoid or delay obtaining medical or health related advice from a professional because of the Programs.

2.2 Emergency cases. Exercise is not without its risks and any exercise contained in the Programs may result in injury. If, while following the Programs, you experience faintness, dizziness, physical discomfort, pain or shortness of breath, you are requested to stop immediately. If you think that you are having a medical or health emergency, please immediately contact your health-care professional or call an emergency number (112 in Europe, 911 in the USA).

2.3 Results. By using the Programs, you acknowledge and agree that there is no guarantee that you will experience the same results and you accept the risk that the results of the Programs differ by individual. Results depend on a number of factors, such as your dedication, motivation, individual capacity, and unique health and genetic profile. As a result, we make no guarantees concerning the level of success that you may experience while following the Programs or any information available on HollywoodAbs, and you accept the risk that such results may differ for each individual. The testimonials and examples provided on HollywoodAbs are exceptional results, which do not apply to an average user, and are not intended to represent or guarantee that anyone will achieve the same or similar results while following the Programs. We do not guarantee that you will maintain the results achieved through the Programs.

 

3. FEES AND PAYMENTS

3.1 The Fees. Your purchase of the Programs is subject to the applicable one-off fees (the “Fees”). By ordering the Programs, you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Programs, and other terms and conditions in force at the moment you make your purchase. By placing your order, you agree to pay the Fees due. The Fees remain valid for as long as (i) they are featured on HollywoodAbs or (ii) as communicated by us. The Fees are subject to a change without notice. Unless indicated otherwise, the Fees include the applicable sale taxes (e.g., VAT).

3.2 Payment processing. All payments for the Fees must be made by a bank transfer within 10 calendar days from the date you purchase the Programs. Payment details shall be made available by us through an invoice. You are responsible for ensuring that all payment information that you provide us is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason. Should you fail to pay the Fees due within the required time period, we reserve the right to charge a late payment fee for every deadline missed by you and/or engage a debt collection agency to collect the payments due.

3.5 Right of withdrawal and refunds. We do not issue refunds for any Fees paid because you get immediate access to the Programs as soon as you pay the Fees due. By concluding a purchase contract with us and obtaining access to the Programs, you waive your right to withdrawal from the contract with us. If you have a reason to believe that any information provided in the Programs is faulty, please contact us immediately and we will look into the issue.

 

4. PERMITTED USE

4.1 The Programs can be used for personal non-commercial use only. For commercial use licenses, please contact us through the contact form available at www.hollywoodabs.de/contact.

4.2 You are not permitted to use HollywoodAbs in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

• Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;

• Intellectual property (e.g., copyright or trademark) infringement;

• Any unauthorised access to geographically blocked content;

• Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;

• Promotion or encouragement of terrorist activities of any sort;

• Exploitation of children in any way, including audio, video, photography, digital content and uploading, downloading, posting, distributing, trading, bartering, selling, transmitting or receiving of children pornography material;

• Fraud;

• Provision of false, inaccurate, or misleading information;

• Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and illegal messaging;

• Spreading ethnically, racially, or otherwise objectionable information;

• Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;

• Disseminating information about the acts that may result in injuries and physical harm;

• Posting of content that depicts or incites others to commit acts of violence;

• Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening HollywoodAbs;

• Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;

• Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;

• Using or authorising third parties to use on your behalf services, technologies, or automated systems to artificially inflate the page views (e.g., pay-per-click services and web “robots”);

• Interfering with or abusing other users of HollywoodAbs;

• Using bots, scripts, and other automated methods; and

• Collecting and disclosing any information about other users of HollywoodAbs.

4.3 Breach of the Terms. If we believe, at our sole discretion, that your use of HollywoodAbs violates these Terms and it is appropriate, necessary or desirable to do so, we may:

• Send you a formal warning;

• Temporarily or permanently prohibit your use of HollywoodAbs;

• Report you to public authorities; or

• Commence a legal action against you.

 

5. INTELLECTUAL PROPERTY

5.1 Our Content. Most of the content available on HollywoodAbs, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, (collectively, “Our Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our Content is protected by the applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrape any content available on HollywoodAbs.

5.2 HollywoodAbs brand. You may not use the brand, the word or figurative trademarks associated with HollywoodAbs, us, or third-party trademarks without prior consent of a trademark owner. You are not allowed to use the HollywoodAbs brand and our other trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.

5.3 Third-party intellectual property. Some of the intellectual property assets featured on HollywoodAbs, such as third-party trademarks, may be owned by parties other than us. Such third-party intellectual property does not belong to us and it remains the property of the respective third-party proprietors.

5.4 Copyright infringement claims. If you have any grounds to believe that any content available on HollywoodAbs violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to your copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

 

6. Availability AND FORCE MAJEURE

We put reasonable efforts to ensure that HollywoodAbs is always accessible to you. However, the availability of HollywoodAbs may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of HollywoodAbs caused by such factors.

 

7. DISCLAIMER OF WARRANTIES

7.1 We provide HollywoodAbs on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of HollywoodAbs, third-party content, or other content featured on or accessed by using HollywoodAbs, whether provider by us or by third parties, and hereby disclaim all warranties regarding HollywoodAbs and its operation.

7.2 It is your sole responsibility to verify and assess the fit for the purpose of HollywoodAbs prior to using it and to decide whether or not HollywoodAbs fits for the intended use.
7.3 By using HollywoodAbs, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. You cannot select or decline the third-party suppliers. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

7.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

 

8. LIMITATION OF LIABILITY

8.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of HollywoodAbs, any content made available through HollywoodAbs, whether provided by us or by third parties, any transactions concluded through HollywoodAbs, or your or other parties’ use of HollywoodAbs for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

8.2 This Section 8 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

 

9. INDEMNIFICATION

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of HollywoodAbs, or your violation of any law or the rights of a third party.

 

10. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

 

11. GOVERNING LAW AND DISPUTES

11.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Estonia without regard to its conflicts of law provisions.

11.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the court..

 

12. MISCELLANEOUS

12.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.

12.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on the Website. If we have your contact details, we will send you a notification about the amendments. Such amendments may be necessary due to new features of HollywoodAbs, changes in the requirements of laws, regulations, or our business practices. You are responsible for regularly reviewing these Terms. Your continued use of HollywoodAbs after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through HollywoodAbs, availability of HollywoodAbs, equipment needed for access or use, materials available on HollywoodAbs, and any other features of HollywoodAbs at any time, at our sole discretion.

12.3 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting ceasing to use HollywoodAbs.

12.4 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

12.5 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of HollywoodAbs.

 

13. CONTACT

If you have any questions about these Terms, please contact us by using the Contact form