Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!
Fit Tubers may revise and update these Terms and Conditions at any time. Your continued usage of the Fit Tubers website (” or the “Site”) will mean you accept those changes.
The Site Doesn’t Provide Medical Advice.
The contents of the Fit Tubers Site, such as text, graphics, images, and other materials created by Fit Tubers or obtained from Fit Tubers licensors, and other materials contained on the Fit Tubers Site (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Fit Tubers Site!
If you think you may have a medical emergency, call your doctor immediately. Fit Tubers does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Fit Tubers, Fit Tubers employees, others appearing on the Site at the invitation of Fit Tubers, or other visitors to the Site is solely at your own risk.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we know is a child under the age of 13.
Use of the Content
The Content posted on this Site is protected by the copyright laws. Fit Tubers authorises you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Fit Tubers Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Title to the Content remains with Fit Tubers or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of Fit Tubers. All rights not expressly granted herein are reserved to Fit Tubers and its licensors. Certain Content.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of Fit Tubers and its Licensors
The use of the Fit Tubers Site and the Content is at your own risk.
When using the Fit Tubers Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Fit Tubers and its suppliers. Accordingly, Fit Tubers assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Fit Tubers Site.
The Fit Tubers Site and the Content are provided on an “as is” basis. Fit Tubers, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Fit Tubers, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the Fit Tubers Site.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Fit Tubers Site.
In no event shall Fit Tubers, its licensors, its suppliers, or any third parties mentioned on the Fit Tubers Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Fit Tubers Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Fit Tubers, its licensors, its suppliers, or any third parties mentioned on the Fit Tubers Site are advised of the possibility of such damages. Fit Tubers, its licensors, its suppliers, or any third parties mentioned on the Fit Tubers Site shall be liable only to the extent of actual damages incurred by you, its licensors, its suppliers, or any third parties mentioned on the Fit Tubers Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Content and Submissions
The personal information you submit to Fit Tubers is governed by the Fit Tubers Privacy Policy. To the extent there is an inconsistency between this Agreement and the Fit Tubers Privacy Policy, this Agreement shall govern.
The Site contains functionality and other interactive areas, including blogs, user reviews of drug information, user reviews on the Physician Directory, etc. (collectively “Public Areas”) that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”). Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively “Social Media Platforms”). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable polices, such as our Reviews Guidelines. Fit Tubers reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies, such as our Reviews Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that Fit Tubers is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.
If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to Fit Tubers by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Fit Tubers by email, you agree such submission is non-confidential for all purposes.
If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to Fit Tubers by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Fit Tubers a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Fit Tubers may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to WebMD by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions- Image, Video, Audio Files
You agree to only post or upload media (like photos, videos, or audio) on the Fit Tubers Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Fit Tubers Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the Fit Tubers Advertising Policy or the Fit Tubers Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media on the WebMD Site or a Social Media Platform like a photo or video: (a) you grant to Fit Tubers a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sub licensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorises Fit Tubers to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify Fit Tubers and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms and Conditions.
Fit Tubers reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Passwords
Fit Tubers has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to your Fit Tubers passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorise, monitor, and control access to and use of your Fit Tubers account and password; (3) promptly inform Fit Tubers if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” links located at the bottom of every page of our site. You grant Fit Tubers and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Fit Tubers cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Fit Tubers tools and services.
User Content Guidelines
If you use, or post User Content on, a Public Area such as blogs, or our Physician Directory, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. Fit Tubers and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor immediately.
In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Fit Tubers in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or “spamming”; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of Fit Tubers, exposes Fit Tubers or any of its customers or suppliers to any liability or detriment of any type.
Reviews posted on the Physician Directory are further subject to the Fit Tubers Reviews Guidelines.
Fit Tubers Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to any or all Public Areas and/or the Fit Tubers Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
- Edit or delete any communication(s) posted on the Fit Tubers Site, regardless of whether such communication(s) violate these standards.
Fit Tubers or its licensors have no liability or responsibility to users of the Fit Tubers Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
Fit Tubers may provide links to third-party web sites. Fit Tubers also may select certain sites as priority responses to search terms you enter and Fit Tubers may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Fit Tubers does not recommend and does not endorse the content on any third-party websites. Fit Tubers is not responsible for the content of linked third-party sites, sites framed within the Fit Tubers Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Fit Tubers does not endorse any product, service, or treatment advertised on the Fit Tubers Site. For more information, read our Advertising Policy and our Sponsor Policy.
Indemnity
You agree to defend, indemnify, and hold Fit Tubers, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.
General
Fit Tubers is based in INDIA, with principal offices in INDIA, Fit Tubers makes no claims that Fit Tubers, Fit Tubers Health Manager, or any Site within the Fit Tubers Network and the Content are appropriate or may be downloaded outside the INDIA. Access to the Content may not be legal by certain persons or in certain countries. If you access the Fit Tubers Network from outside the INDIA, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Fit Tubers, or in any way relating to your use of the Fit Tubers Site and you further agree and expressly consent to the exercise of personal jurisdiction in the courts.
These Terms and Conditions are governed by the internal substantive laws, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Fit Tubers’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorised version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorised representative.
In an effort to protect the rights of copyright owners, Fit Tubers maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the Fit Tubers Site, these Terms and Conditions and the Fit Tubers Privacy Policy constitute the entire agreement between you and Fit Tubers with respect to the use of the Fit Tubers Site, and Content.
Thank you for your cooperation. We hope you find the Fittubers.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form.
Fit Tubers Health Manager: Questions or comments regarding the Fit Tubers Health Manager web site, including any reports of non-functioning links, should be directed by email via our online web form in the Health Manager: Fit Tubers Health Manager Member Services. We try to answer every email in a timely manner but due to volume may not always be able to do so.