Welcome to FITZILLA (hereinafter referred to as the “website” or “site” or “we” or “us”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our website constitutes your agreement to all such Terms.
Our website is owned and operated by CLOUDSIRE LLC with its office located at 10233 S Parker Rd, #300, Parker, CO 80134, USA.
Any version of these Instructor Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
5. INSTRUCTOR’S RESPONSIBILITY FOR LISTING PRODUCTS ON THE WEBSITE AND ITS OBLIGATIONS:
6. INSTRUCTOR’S DOCUMENTATION:
7. LICENSE TO FITZILLA
8. PRODUCTS WHICH ARE PROHIBITED OR RESTRICTED FROM BEING LISTED ON COMPANY’S WEBSITE:
a) The Instructor agrees that it is a fitness website and the Instructor shall not sell any physical product and shall only digital services such as online fitness courses, videos, etc.
b) Adult Material which includes pornography and other sexually suggestive materials (including literature, imagery and other media);
c) Alcohol including alcoholic beverages such as beer, liquor, wine or champagne;
d) Animals and Wildlife Products - examples include mounted specimens, and ivory
e) Artifacts prohibited for sale
f) Beta Software
g) Bootleg/Pirated Recordings
h) Brand Name Misuse
i) Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam)
j) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
k) Catalogue and URL Sales
l) Child pornography which includes pornographic materials involving minors
m) Copies of unauthorized Copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present
n) Counterfeit Currency and Stamps
o) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs
p) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
q) Embargoed Goods
r) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
s) Firearms, Ammunition and Knives
t) Fireworks, Explosives and Explosive Substances; toxic, flammable and radioactive materials and substances
u) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
v) Government IDs and Licenses which includes fake Ids, passports, diplomas and noble titles
w) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, or other protected property
x) Hazardous and Restricted Items
y) Human Parts and Remains
z) Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine
aa) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
bb) Copyright unlocking items that includes Mod Chips or other devices designed to circumvent copyright protection
cc) Movie Prints
dd) Offensive Material - examples include ethnically or racially offensive material or any literature, products or other materials that: i) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors ii) Encourage or incite violent acts iii) Promote intolerance or hatred
ee) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
ff) Police, Army, Navy and Air Force Related Items
gg) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
hh) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines; goods regulated by government or other agency specifications
ii) Replica and Counterfeit Items including imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods
kk) Stocks and Other Securities or related financial products
ll) Stolen Property
mm) Tobacco and cigarettes includes cigarettes, cigars, chewing tobacco, and related products
nn) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
oo) Wholesale currency which includes discounted currencies or currency exchanges
pp) Any other product or service which is not in compliance with all the applicable laws and regulations whether federal, state, local or international including the laws of United States of America.
9. INSTRUCTOR’S REPRESENTATIONS, WARRANTS, AND COVENANTS:
a) the prices charged to Customers through the Company’s website will be identical to those charged to any customer who place orders directly with the Instructor;
b) it will comply, and prepare, sell, market, and provide all products in strict compliance, with all state, and local laws, rules, regulations, and standards pertaining to product sale, marketing, safety, as applicable to the Instructor’s operation of its business;
c) It has all rights, ownership, licenses and authorizations and is authorized to sale/provide such products to the customer via Company’s website. The copy of such ownership, licenses, authorization shall be provided on demand without failure and/or protest.
d) Shall indemnify and keep indemnified the Company from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against the Company due to acts/omission on the part of the Instructor.
e) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of the Instructor’s Marketing Materials pursuant to the license rights granted to Company by this Agreement does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; and
f) Instructor’s Marketing Materials do not violate any state or federal law, rule, or regulation.
g) It shall solely be responsible for any dispute that may be raised by the customer relating to the services provided by the Instructor. No claim of whatsoever nature will be raised on the Company.
10. PAYMENTS/ COMMISSION:
11. INTELLECTUAL PROPERTY RIGHTS:
The Instructor expressly authorizes the Company to use its trade marks/copy rights/ designs /logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the website and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
12. WARRANTIES, REPRESENTATION AND UNDERTAKINGS OF INSTRUCTOR:
a) It has the right and full authority to enter into this Agreement with the Company and the agreement so executed is binding in nature.
b) All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against Instructor.
c) There are no proceedings pending against the Instructor, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;
d) That it is an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with the Company.
e) It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this agreement including but not limited to Intellectual Property Rights, Value added tax, Excise and Import duties, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities.
f) That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party
14. REMOVAL OF PARTICIPATING INSTRUCTOR:
17. LIMITATIONS OF LIABILITY:
20. GOVERNING LAW AND ATTORNEY’S FEES:
22. BINDING EFFECT:
25. INJUNCTIVE RELIEF:
27. FORCE MAJEURE:
28. WAIVER OF RIGHTS:
30. ENTIRE AGREEMENT:
31. CONTACT US: