Welcome to the ACTIVE PEOPLE CLUB (hereafter AP CLUB), a website for all fans of Astrojax, YoYo, Kiwido or juggling and people interested in other ACTIVE PEOPLE toys, an online community where visitors can learn about the latest tricks, techniques and experiences of other users and communicate with them within the FORUM.
The website is owned and operated by ACTIVE PEOPLE SA, a Swiss based toy developer & manufacturer. ACTIVE PEOPLE SA provides its services to you subject to the following conditions. If you visit or join the AP CLUB at club.activepeople.com, you accept these conditions. Please read them carefully.
ACTIVE PEOPLE SA reserves the right to change the terms, conditions, and notices under which the AP CLUB website is offered, including but not limited to the charges associated with the use of the AP CLUB website.
LIMITATION OF USE
This website is for the use of consumers who are enjoying their experiences with ACTIVE PEOPLE toys. You are not permitted to use this website or its contents for any commercial or non-personal purpose (direct or indirect). The company reserves the right to prevent any party who engages in such non-permitted use(s) from accessing this website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the AP CLUB website, you warrant to ACTIVE PEOPLE that you will not use the AP CLUB website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the AP CLUB website in any manner which could damage, disable, overburden, or impair the AP CLUB website or interfere with any other partyâ€™s use and enjoyment of the AP CLUB website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ACTIVE PEOPLE websites.
ACTIVE PEOPLE, Astrojax and Bilibo are registered trademarks of the Company. The Companyâ€™s trademarks may not be used in connection with any product or service that is not the Companyâ€™s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All trademarks not owned by the Company that appear on this website are the property of their respective owners.
YOUR MEMBER ACCOUNT, PASSWORD AND SECURITY
If you decide to become a member of the AP CLUB you will receive a password and account designation upon completing the AP CLUBâ€™s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ACTIVE PEOPLE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ACTIVE PEOPLE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. The Company reserves the right to refuse service, terminate accounts or remove or edit content in its sole discretion.
USE OF COMMUNICATION SERVICES
Although, as an online service provider, we are not responsible for the conduct of our users, we want the AP CLUB to be a safe place on the internet.
The AP CLUB contains a bulletin board services (Forum Section), personal player profiles (Members Section), 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:
- Violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense.
- 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.
- Post or share any personally identifiable or private information of any third party.
- 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.
- Solicit passwords or personal information from anyone, including those under 18.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of anotherâ€™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 email addresses, without their consent.
ACTIVE PEOPLE has no obligation to monitor the Communication Services. However, ACTIVE PEOPLE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ACTIVE PEOPLE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ACTIVE PEOPLE 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 ACTIVE PEOPLEâ€™s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ACTIVE PEOPLE does not control or endorse the content, messages or information found in any Communication Service and, therefore, ACTIVE PEOPLE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
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.
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like the AP CLUB. Be aware that also children may access this community platform.
Therefore, you may not post or share content that:
THIRD PARTY CONTENT
- is obscene, pornographic or sexually explicit
- depicts graphic or gratuitous violence
- makes threats of any kind or that intimidates, harasses, or bullies anyone
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful
ACTIVE PEOPLE SA allows you to upload and share user generated content with other people, such as photographs you upload from your camera, webcam or mobile phone as well as video you embed from other community platforms (e.g. youtube.com, metacafe.com & others). This means that you may post and share original photographs and video that are of a personal nature that: (i) show you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends (iiii) are embedded by you from other communities with their permission to do so. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others.
LINKS TO THIRD PARTY SITES
The AP CLUB may contain links to other websites (â€˜Linked Sitesâ€™). The Linked Sites are not under the control of ACTIVE PEOPLE and ACTIVE PEOPLE 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. ACTIVE PEOPLE is not responsible for webcasting or any other form of transmission received from any Linked Site. ACTIVE PEOPLE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACTIVE PEOPLE of the site or any association with its operators.
MATERIALS PROVIDED TO ACTIVE PEOPLE OR POSTED AT THE ACTIVE PEOPLE CLUB
ACTIVE PEOPLE does not claim ownership of the materials you provide to the AP CLUB (including feedback and suggestions) or post, upload, input or submit to any ACTIVE PEOPLE website or its associated services (collectively â€˜Submissionsâ€™). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ACTIVE PEOPLE 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. ACTIVE PEOPLE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ACTIVE PEOPLEâ€™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.
YOU AGREE THAT YOUR USE OF THE AP CLUB WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ACTIVE PEOPLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ACTIVE PEOPLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITEâ€™S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AP CLUB WEBSITE. ACTIVE PEOPLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AP CLUB WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ACTIVE PEOPLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SERVICE CONTACT: email@example.com
LIMITATION OF LIABILITY
IN NO EVENT SHALL ACTIVE PEOPLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AP CLUB WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ACTIVE PEOPLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by ACTIVE PEOPLE from its facilities in Switzerland. ACTIVE PEOPLE makes no representations that the AP CLUB Website is appropriate or available for use in other locations. Those who access or use the AP CLUB Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
TERMINATION / ACCESS RESTRICTION
ACTIVE PEOPLE reserves the right, in its sole discretion, to terminate your access to the AP CLUB Website and the related services or any portion thereof at any time, without notice.
ACTIVE PEOPLEâ€™s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ACTIVE PEOPLEâ€™s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AP CLUB Website or information provided to or gathered by ACTIVE PEOPLE 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 ACTIVE PEOPLE with respect to the AP CLUB Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ACTIVE PEOPLE with respect to the AP CLUB Website. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.