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| PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR FEE-BASED PRODUCTS AND OFFERINGS CAREFULLY. By using our Website and/or one of the online fee-based products or offerings (collectively, the "Fee-Based Products") you agree to the terms and conditions set forth in this Subscription Agreement (this "Agreement"). We reserve the right, in our sole discretion, to change, modify, add or remove provisions to and from this Agreement in accordance with paragraph 2 of this Agreement. You should check this Agreement periodically for changes. By using the Website and/or one of the Fee-Based Products after such changes have taken effect in accordance with paragraph 2 of this Agreement, you agree to accept those changes whether or not you have reviewed them. If you do not agree to this Agreement, you should not use the Website and/or the Fee-Based Products and you should arrange to cancel your community user account or subscription with us, as applicable, by notifying Website Customer Service in writing in accordance with the provisions of this Agreement.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the websites which are owned or operated by WeightWatchers.co.uk Limited ("WeightWatchers.co.uk") and our Affiliates (collectively, "Weight Watchers", "we", "us" or "our"), including, without limitation, this website and any other United Kingdom website that we may own or operate currently or in the future (collectively, the "Website"), and all of the Fee-Based Products that are offered to you through the Website by WeightWatchers.co.uk currently or in the future. This Website and this Agreement are specifically directed to residents of the United Kingdom and the Website is for use only by residents of the United Kingdom (excluding the Channel Islands). WeightWatchers.co.uk's Fee-Based Products are currently not available to residents of Ireland. For purposes of this Agreement, "Affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with WeightWatchers.co.uk, including, without limitation, Weight Watchers International, Inc. ("Weight Watchers International"), Weight Watchers UK Limited, WeightWatchers.com, Inc. ("WeightWatchers.com") and their respective subsidiaries and affiliates.
2. Your Use of the Website and Our Fee-Based Products
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided thereon, and the Fee-Based Products that you have subscribed to and in respect of which you have paid the applicable fees and charges, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a community user of, or subscriber to, the Website and/or WeightWatchers.co.uk's Fee-Based Products. You understand that only you may use your user account and password, and that your subscription to the Fee-Based Products is only valid for your own personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all fees and charges in respect of usage or activity of our Fee-Based Products subscribed to by you. |
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| In subscribing to WeightWatchers.co.uk's Fee-Based Products, you represent and warrant that you are a resident of the United Kingdom (excluding the Channel Islands) and have a valid United Kingdom mailing address that is not within the dependencies of the Channel Islands.
By using the Website and/or WeightWatchers.co.uk's Fee-Based Products, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Website (or any part thereof) and/or WeightWatchers.co.uk's Fee-Based Products.
We reserve the right to change this Agreement from time to time, including without limitation, changing any charges and/or fees payable in respect of subscriptions for WeightWatchers.co.uk's Fee-Based Products. We will notify you of changes to this Agreement by our posting of changes to this Agreement on the Website located at www.WeightWatchers.co.uk. Any new or amended version of this Agreement will take effect, and will govern all use of the Website and any of WeightWatchers.co.uk's Fee-Based Products you have subscribed to, commencing on the date of posting of such Agreement on the Website (or such later date as we indicate in the posting). If you do not wish your use of the Website and/or any of WeightWatchers.co.uk's Fee-Based Products be governed by the new or amended version of this Agreement, you should notify us in writing (e-mail will suffice) and from the date when the new version takes effect, you must cease to use the Website and any Fee-Based Products you have subscribed to and should seek a refund in respect of the fees or charges pre-paid by you for any complete unexpired periods of subscription to any Fee-Based Products. Refunds shall be made in accordance with paragraph 4 of this Agreement.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or WeightWatchers.co.uk's Fee-Based Products, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website and/or WeightWatchers.co.uk's Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, the Website or WeightWatchers.co.uk's Fee-Based Products may be effected without prior notice. If you do not abide by the provisions of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website and/or WeightWatchers.co.uk's Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites and/or WeightWatchers.co.uk's Fee-Based Products. |
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| You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing of the Website and/or the Fee-Based Products, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with WeightWatchers.co.uk's Fee-Based Products, is to cancel or terminate your subscription or community user account, as applicable, in accordance with paragraphs 4 and/or 8 of this Agreement.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities, features. promotions or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features, promotions or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
3. Charges and Fees for Fee-Based Products
Certain portions, components, content and features of the Website are only available to individuals who purchase a subscription to one of WeightWatchers.co.uk's Fee-Based Products. As a subscriber to one of WeightWatchers.co.uk's Fee-Based Products, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on the Website (such as the fixed Initial Subscription Fee and the recurring Monthly Fee), applicable taxes, and other charges and fees incurred in order to access WeightWatchers.co.uk's Fee-Based Products. As stated in paragraph 1 of this Agreement, we reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website hosted at www.WeightWatchers.co.uk or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). |
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| If you have subscribed for WeightWatchers.co.uk's Fee-Based Products, your credit card or other account will automatically be charged at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription in accordance with paragraph 4 of this Agreement before the relevant renewal period begins. Except in the case of a multiple-period prepayment plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period's charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your credit card or account, WeightWatchers.co.uk reserves the right to terminate immediately your access to the Fee-Based Products. If you purchased a multiple-period prepayment plan or you were eligible for a discounted rate but are no longer eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple-periods and we are offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan that you wish to purchase another prepayment plan for multiple periods.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Website and WeightWatchers.co.uk's Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Fee-Based Products. |
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| C. For purposes of your use of the Fee-Based Products including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Fee-Based Products ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account and for other purposes in accordance with our Privacy Policy (see paragraph 6 below). You agree to maintain and promptly update the Subscription Data to keep it accurate and current. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Website (or any portion thereof) or any of the Fee-Based Products. You are obligated to check regularly the "My Profile" feature of the Website to determine whether your Subscription Data is current and accurate, and, if such data is not current and/or accurate you are obliged to promptly correct or update your Subscription Data including your billing information.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you are responsible and will remain liable for any unauthorized use of WeightWatchers.co.uk's Fee-Based Products for which you have subscribed and/or use of those areas of the Website that may be accessed by community users until seventy two (72) hours after you have notified Website Customer Service in writing of such breach of security. If your credit card expires, is cancelled, lost or is subject to use without your authorization, you agree to promptly notify Website Customer Service in writing and to access the My Profile feature of the Website to update your Subscription Data to provide details of an alternative current, valid credit card (or other form of payment which we may accept from time to time). You are entirely responsible for any and all activities that occur through your user account You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
E. In the event that we terminate or cancel your subscription to one of our Fee Based Products prior to the end of the applicable period of this Agreement due to: (i) your failure to satisfy any of our criteria and/or limitations based on demographic, geographic, health or other similar criteria for use of the Website and/or the Fee-Based Products; and/or (ii) any other breach of the terms and conditions of this Agreement by you; you agree that all fees and charges in respect of the relevant Fee-Based Products are non-refundable. |
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| F. Except (i) for multiple-period prepayment plans, (ii) for your failure to satisfy limitations WeightWatchers.co.uk set based on demographic, geographic, health or other similar criteria, or (iii) if WeightWatchers.co.uk terminates your subscription to one of our Fee-Based Products prior to the end of the applicable period, you agree that (subject to any of your statutory rights) all fees and charges assessed by WeightWatchers.co.uk are non-refundable. Non-refundable fees include the Initial Subscription Fee, and the full Monthly Fee for any month (or portion thereof) elapsed (regardless of whether you logged onto the Website or used the Fee-Based Product during that month). If you subscribe to a prepayment plan for multiple periods (e.g., a 3-month prepayment plan) and you decide to cancel during such prepayment period, WeightWatchers.co.uk will refund you the difference, if any, between the amount you paid and the amount you would have incurred if you were subject to WeightWatchers.co.uk's standard pricing in effect during such time and not subject to WeightWatchers.co.uk's special pricing offered through any prepayment plan. If your cancellation of your subscription to one of WeightWatchers.co.uk's Fee-Based Products is due to your failure to satisfy limitations WeightWatchers.co.uk sets based on demographic, geographic, health or other similar criteria prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Initial Subscription Fee)(subject to any of your statutory rights), WeightWatchers.co.uk will refund any unused portion of such period in accordance with the refund policy WeightWatchers.co.uk has in effect at such time. If WeightWatchers.co.uk cancels or terminates your subscription to one of the Fee-Based Products (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Initial Subscription Fee), WeightWatchers.co.uk will refund any unused portion of such period on a pro rata basis.
4. Termination or Cancellation of Subscription |
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| Either you or WeightWatchers.co.uk may terminate or cancel your subscription to the Fee-Based Products at any time. You understand and agree that (subject to any of your statutory rights) the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms and conditions of this Agreement or our enforcement or application of this Agreement; (ii) any of our practices or policies, including our Terms & Conditions and Privacy Policy, or our enforcement or application of these policies; (iii) the content available through the Website or any change in content provided through the Website or our Fee-Based Products; (iv) your ability to access and/or use the Website or any Fee-Based Product; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to our Fee-Based Products, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Website (or part thereof) and/or our Fee-Based Products, except as we may otherwise provide from time to time.
You can cancel your subscription to one of WeightWatchers.co.uk's Fee-Based Products by notice in writing (email will suffice) to Website Customer Service. Your cancellation or termination will take effect within seventy two (72) hours after receipt by Website Customer Service of your cancellation notice. We will attempt to process all cancellation requests within seventy two (72) hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact Website Customer Service to have the charges reversed. If you use WeightWatchers.co.uk's Fee-Based Products during that next period, you will not be entitled to a refund. WeightWatchers.co.uk reserves the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
5. Availability of Fee-Based Products
The availability and use of WeightWatchers.co.uk's Fee-Based Products may be limited based on demographic, geographic, health or other criteria as WeightWatchers.co.uk may establish from time to time. You understand and agree WeightWatchers.co.uk may disallow you from subscribing to the Fee-Based Products or may terminate your subscription to the Fee-Based Products at any time based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe to WeightWatchers.co.uk's Fee-Based Products, and/or we may limit the subscription to certain Fee-Based Products only to individuals currently attending our classroom Meetings in participating areas or locations.
6. Privacy and Security |
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| We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into this Agreement by this reference. By using the Website and/or the Fee-Based Products, your consent to your personal data being used and processed in accordance with our Privacy Policy.7. Health Disclaimer
The Website and WeightWatchers.co.uk's Fee-Based Products provide weight loss management and information applications and content published over the Internet and are intended only to assist users in their personal weight loss efforts. We are not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in the Website or any WeightWatchers.co.uk's Fee-Based Products should be construed as advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a doctor before beginning any weight loss effort or regimen. The Website and the WeightWatchers.co.uk's Fee-Based Products are intended for use only by healthy adult individuals. The Website and WeightWatchers.co.uk's Fee-Based Products are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
Before starting any weight reduction plan, you should make sure that you are not underweight.
For more information, you should review our Health Notice, which are incorporated into this Agreement by this reference.
8. Automatically Become a Community User
As a subscriber to one of the Fee-Based Products, you automatically become a community user of the Website, which provides you with access to certain products, offerings, features, or resources of the Website such as the ability to post messages on one of the Forums (such feature is not available to those who are not community users) or use the "Public Profile" feature of our Website. A "Forum" means any Chat room, Message Board, bulletin board, recipe swap, or similar activity where you and other users of the Website can communicate. If you cancel your subscription to the Fee-Based Products, you will remain a community user of the Website unless you specifically request otherwise by notice in writing (email will suffice) to Website Customer Service. |
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As a community user of the Website, you agree to provide us with true, accurate and complete information about yourself ("Community User Data") and to maintain and properly update the Community User Data to keep it accurate. You also consent to your Community User Data being used in accordance with our Privacy Policy. Without limiting any other provisions of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website and WeightWatchers.co.uk's Fee-Based Products. You agree not to assign, transfer or sub-licence your rights as a community user of the Website. |
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| 9. Restrictions on Use of Materials
You acknowledge that the Website contains information, software, images, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are the property of us and/or our licensors and are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United Kingdom copyright laws (and, if applicable, similar foreign laws), and we own the copyright in and to the selection, coordination, arrangement and enhancement of such Content or are licensed to use such Content (including the selection co-ordinating, arrangement and enhancement of such Content). All trademarks appearing on the Website are trademarks of their respective owners. WEIGHT WATCHERS is the trade name and the registered trademark and service mark of Weight Watchers International, Inc. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
10. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on the Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Website. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as described below), you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our Affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website.
You agree not to use the Website (including any Forums) to: |
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| | a. | | Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion); | | b. | Harm minors in any way; | | c. | Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of WeightWatchers.co.uk, our Affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with WeightWatchers.co.uk, our Affiliates or any other person or entity; | | d. | Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Website; | | e. | Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); | | f. | Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party; | | g. | Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose; | | h. | Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; | | i. | Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Forum (or other portion of the Website) are able to type, or otherwise act in a manner that negatively affects other users' ability to use any Forum; | | j. | Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; | | k. | Intentionally or unintentionally violate any applicable laws and/or regulations; | | l. | "Stalk" or otherwise harass another user of the Website and/or any employee of Weight Watchers; and/or | | m. | Collect or store personal data or attempt to collect or store personal data about other users of the Website from the Website. |
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| Your privilege to use the Website (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum.
All Forum communications, including, but not limited to, Chat and Message Board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
11. Submissions |
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| If, at our request or on your own, you send, email, post or otherwise transmit to us or the Website information, software, photos, images, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your weight loss, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the "Submissions"). Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, transferable and sub-licensable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that: (i) you own or otherwise control all of the rights in or to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions; (ii) any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above; and (iii) that each person depicted in any images, photos and/or videos contained in your Submission (if any) has consented to the use of such images, photos and/or videos in accordance with the above licence. You further acknowledge that us and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any third party holder of Rights therein.
12. Children
The Website and the Fee-Based Products are not for use by children and are not directed to children. The Website and the Fee-Based Products are for use and access by individuals who are eighteen (18) years or older. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO WEIGHTWATCHERS.CO.UK'S FEE-BASED PRODUCTS AND/OR USE THE WEBSITE.
13. Links |
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| This Agreement applies only to the Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
14. Third Party Products and Services
You may order services, merchandise or other products through the Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
15. Relationship with WeightWatchers.com and Weight Watchers International
WeightWatchers.co.uk is an affiliate of WeightWatchers.com and Weight Watchers International, and is authorised to use under licence the WEIGHT WATCHERS brand and intellectual property on the Internet. WEIGHT WATCHERS is the trade name and the registered trademark and servicemark of Weight Watchers International as are certain other trademarks and servicemarks used by WeightWatchers.co.uk on this Website under Weight Watchers International's control. |
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| 16. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERING, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, WEIGHTWATCHERS.CO.UK'S FEE-BASED PRODUCTS) ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY.
NEITHER US, NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEBSITE, THE FEE-BASED PRODUCTS OR ANY FUNCTION CONTAINED IN THE WEBSITE OR THE FEE-BASED PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE FEE-BASED PRODUCTS OR THE SERVERS THAT MAKE THE WEBSITE AND THE FEE-BASED PRODUCTS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS).
NEITHER US NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. |
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| 17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (F) EVENT REASONABLY BEYOND OUR CONTROL; AND/OR (G) ANY OTHER MATTER RELATING TO THE WEBSITE. SAVE IN RESPECT OF PERSONAL INJURY OR DEATH DUE TO THE NEGLIGENCE OF WEIGHT WATCHERS, IN NO EVENT SHALL THE TOTAL LIABILITY OF US TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE AND/OR USING ANY FEE-BASED GOODS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE FEE-BASED GOODS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF USE OF SUCH FEE-BASED GOODS AND TERMINATION/CANCELLATION OF YOUR SUBSCRIPTION IN RESPECT THEREOF.
18. Indemnification
You agree to indemnify, hold harmless and, at our option, defend us, our officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) (together, the "Damages") arising from your improper use of the Website or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account or the Fee-Based Products for which you have subscribed, of any intellectual property or other right of any person or entity.
19. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to your use of the Website (including, without limitation, the Fee-Based Products) or this Agreement shall be filed only in the High Court (England) and you hereby consent and submit to the personal jurisdiction of such court for the purpose of litigating any such action. |
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20. Miscellaneous Terms
In any action against us arising from the use of the Website (including, without limitation, the Fee-Based Products), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with our Privacy Policy and the Terms & Conditions (if applicable), are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms & Conditions, this Agreement shall control. This Agreement may be modified only by our posting of changes to this Agreement on the Website in accordance with paragraph 2 hereof, or by written agreement of both parties. Each time you access the Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
We shall not be responsible for lack of availability of the Website and/or the Fee-Based Products for which you have subscribed and/or any other failures to perform in a timely manner due to events beyond our reasonable control including, without limitation, Acts of God or public enemies, civil war, insurrection or riot, fire, flood, explosion, earthquake, serious accident, failure of the Internet, strike, labour trouble or work interruption or any other cause beyond the reasonable control of Weight Watchers. In such circumstances the time for performance by us shall be extended for the duration of such events to the extent possible.
Unless specifically provided for in this Agreement, no third party shall have any rights hereunder.
21. How to contact us
The Website is operated by, and the Fee-Based Products are provided by, WeightWatchers.co.uk Limited. WeightWatchers.co.uk Limited is a company incorporated in England and Wales (Company Registration No.: 04354837) and its registered office is at:
WeightWatchers.co.uk Limited
Millennium House
Ludlow Road
Maidenhead, Berkshire
SL6 2SL
United Kingdom
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If you have any questions or concerns you may contact WeightWatchers.co.uk Limited by e-mail at uk.legal@weightwatchers.co.uk or by post at the aforesaid address. WeightWatchers.co.uk Limited is registered for VAT purposes (VAT Registration NO.: 792 893 271).
(Last modified on September 12, 2006) |
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