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Club Peloton Terms of Use

These Terms of Use (“Terms of Use”) are effective as of 24th September 2019. By accessing or using the Community Website (the “Service”), or by logging into the site with your allocated User ID, you agree to be bound by these Terms of Use. The Service is owned and operated by the Club Peloton, acting by and through Club Peloton.

Please review these Terms of Use carefully prior to using the Service. If you do not agree with these Terms of Use, please do not use the Service.

The Service comprises a suite of online services provided by Club Peloton, including but not limited to:

an online Club Peloton Community Directory
the Community Messaging Service class emailer,
Life-Long Email Forwarding Address service (“LEFA”),
a User-to-User Community Messaging service, and
the Club Peloton Community Clubs service.

These Terms of Use govern your use of each component of the Service.

1. Copyright; Rules for Submission of Content.

The Service and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials (collectively, the “Service Content”) are protected by copyright, trademark and other laws. As between you and Club Peloton, Club Peloton owns the intellectual property rights in the Service and the Service Content. You may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, you may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of Club Peloton.

You retain ownership of all of your intellectual property rights in any content created, posted, or shared by you, on or through the Service and any personal data, (the “User Content”). Club Peloton does not claim ownership of your User Content.

You represent and warrant that: (i) you own your User Content; (ii) the posting and use of your User Content on or through the Service will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you shall pay for all royalties, fees, and any other monies owed by reason of your User Content; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

2. Rules of Conduct.

You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully competent, to use the Service and to enter into and comply with these Terms of Use.

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, disturbing, pornographic, or sexually suggestive photos or other content via the Service.

You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, copyright laws.

You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use.

You may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by <customer name> (or any individual officer or employee of Club Peloton); (3) use that can be confused with official communications of <customer name> or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.

Certain areas of the Service provide tools for the exchange of ideas and information between users, including in the form of direct messaging. Club Peloton is not responsible or liable for any content, including User Content, that is posted or distributed pursuant to such user to user exchanges. The views and opinions expressed by users are theirs alone, and are not endorsed by, and should not be ascribed to Club Peloton. You are solely responsible for all User Content you post, and you assume all risks relating to its use by others and others’ reliance on its accuracy.

You acknowledge and agree that Club Peloton has no obligation to display, monitor, or take any action with respect to Service Content or User Content. Club Peloton reserves the right, without the obligation, to edit the Service and to edit, remove, delete or refuse any User Content for any reason without notice to users. If User Content violates the above standards or any other provision of these Terms of Use, Club Peloton reserves the right to terminate the applicable user’s account and right to use the Service, in addition to any other rights or remedies available. Club Peloton does not approve or endorse any User Content, and you agree that Club Peloton will have no responsibility or liability in connection with your use of any User Content.

3. Privacy; Confidentiality.

Club Peloton agrees to use your User Content in compliance with the privacy policy of the Service, together with any Service-specific data use policies, privacy statements and privacy notices (collectively, “Privacy Policies”).

Club Peloton will treat your User Content as confidential information in accordance with Club Peloton policies, and only use and disclose it in accordance with these Terms of Use and the Privacy Policies.

4. Limitation of Liability; Indemnification.

THIS SERVICE AND ALL ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CLUB PELOTON DOES NOT APPROVE OR ENDORSE ANY USER CONTENT. CLUB PELOTON IS NOT LIABLE TO USERS OR VISITORS FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SERVICE, SERVICE CONTENT, OR USER CONTENT REGARDLESS OF WHETHER CLUB PELOTON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

You agree to indemnify and hold harmless Club Peloton and its officers, fellows, governing board members, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Service or any of the Service Content or your User Content, and/or your failure to comply any provision of these Terms of Use.

5. User Accounts; Account Termination Policy.

You agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You agree to notify us immediately at [email protected] of any unauthorized use of your account or other breach of security. You may not use another’s account without permission. Club Peloton may terminate your account if you violate any provision of these Terms of Use or fail to comply with requests concerning your account. User accounts may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.

The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless Club Peloton otherwise specifically agrees in writing, but the other provisions of these Terms of Use will survive any such termination. Club Peloton reserves the right at any time in its sole discretion to cease providing any Service Content, to change or discontinue any aspect or element of the Service, or to cease making the Service available.

6. Miscellaneous

Links to Other Services. Club Peloton may provide links to websites operated by third parties, including but not limited to, websites operated by Club Peloton, as a convenience for our users. Club Peloton does not endorse or accept responsibility for the content or the use of third-party websites. If you use third-party sites, you do so solely at your own risk. Links do not imply that Club Peloton is affiliated or associated with any linked site.

Use of Club Peloton Names. Except as specifically permitted by these Terms of Use, you may not use or register any name, logo or insignia of Club Peloton or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by Club Peloton.

Governing Law. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Service, will be governed by the laws of England, UK without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in England, UK. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defence or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Change of Terms of Use. Please note that these Terms of Use are subject to change without notice from time to time. Any changes will be posted to this page. Your use of this Service or any Service Content after any changes have been made will constitute your agreement to the modified Terms of Use.

Severability; Entire Agreement. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Club Peloton’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. These Terms of Use set forth the entire understanding and agreement between you and Club Peloton with respect to the subject matter hereof.

This Privacy Notice explains how Club Peloton (“we”, “us” or “our”) processes (collects, uses, analyses, stores, changes, accesses, transfers and/or deletes) Personal Data as defined under the General Data Protection Regulation (GDPR).

We are committed to processing personal data responsibly, proportionately, securely and fairly.

Application
This Privacy Notice applies to all data processed about people who have opted-in to receive regular marketing correspondence from us which may take the form of an email newsletter or printed matter sent by post.

Data Controller
The Data Controller is Club Peloton, Coram Campus, 41 Brunswick Square, London WC1N 1AZ and can be contacted at [email protected].

Data Administrator
The role of Data Administrator is not defined or required by GDPR. However, recognising our duties as Data Controllers, we have chosen to appoint a Data Administrator whose role it is to have an overview of our GDPR compliance as well as manage, update and disseminate our GDPR policies and documentation to maintain compliance.

Nick Hanmer has been appointed as our Data Administrator and they can be contacted at [email protected].

Legal Basis for Processing
By actively opting-in to our mailing list, you have consented to receiving information from us in the form of an email newsletter and/or printed matter by post.

Personal Data
The information we process for our mailing list includes the information you provided to us when opting-in and includes your:

name
age
gender
birth date
email address
industry
work mobile
work landline
work address
current position held

Purpose for Processing
We process your data in order to keep you informed of our news and industry updates which we will send to you in the form of an email newsletter or printed matter by post.

Protecting Your Data
This information is stored safely in our IT system and only accessible by our employees who need to manage the mailing list and fulfil their day to day duties. We are committed to ensuring that your information is secure. In order to prevent unauthorised use, access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we process. This includes ensuring:

all media on which the data is stored is physically secure
all digital media on which the data is stored is encrypted
that data is not transmitted in an insecure manner
that any 3rd party data transmittal services used are secure and GDPR compliant
the process for removing data renders it unreadable
that your data is only accessible to our employees who need it to fulfil their day to day duties

Transfer to Third Parties
We do not pass on your details to third parties.

Retention
By opting-in to our mailing list you have consented to us contacting you from time to time. We will retain your data until you withdraw your consent, which you can do at any time by opting-out using the unsubscribe link in the footer of our newsletters or by emailing us at [email protected]. Upon receipt of any request to opt-out we will remove your details from our system within without undue delay.

Rights
We respect all rights afforded to you as a Data Subject under the GDPR legislation.

At any time, you can ask us to:

correct any information we record about you which you believe to be incorrect
provide you with a copy of some or all of the information we record about you
ask that we do not provide data to third parties
delete all or some of the data we record

We may limit your access if it would disclose personal information about another person, or where it would disclose commercially sensitive information.

To obtain access, correct your information, request a deletion or make a complaint, please contact us in writing using the contact details above. We will acknowledge any correspondence received in writing within 30 days. If you are also dissatisfied with our response you can contact the Information Commissioner's Office.

If we do not believe it to be reasonable to act on any request, we will advise you in writing.

By logging to your account, you are agreeing to the Terms of Use and Privacy Policy