Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (our services) listed on our website www.fityoungmen.com (our website) to you. Please read these terms and conditions carefully before subscribing to any of our services from our website. You should understand that by subscribing to any of our services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
- Information about us
We operate the website www.fityoungmen.com. We are Zone 8 Media Ltd, a company registered in England and Wales under company number 04984998, with our registered office at 11 Shillingford Street, London, N1 2DP.
- Your status
By subscribing to our services through our website, you acknowledge that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years of age or (if different) the legally required age in your territory to view our website;
- when you are provided with a username and password or any other piece of information as part of our security procedures, you will treat such information as confidential and you will not disclose it to any third party (including your partner). We have the right to disable any username or password whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
- you have provided full and correct personal information about yourself, including but not limited to, your full legal name and address and your correct credit card or bank details which belong to you .If we are unsure if the information you have provided is correct or legal, we will contact you and you agree to provide full answers to any questions or queries we may have. You further agree that until you have provided us with full and correct answers to our satisfaction to any questions or queries we may have, you will not become a member of the website . If we deem, in our absolute discretion, that the information or answers you provide are not satisfactory, we may reject your application for membership of the website and block you from accessing the website.
- How the contract is formed between you and us
- After placing an order for a subscription to our services on CCBILL or Epoch you will receive an email, from either CCBILL or Epoch, once payment has been taken from your card. Once this email has been sent to the email address you have provided, the contract between us and you will be formed (the Contract).
- The Contract will only relate to the particular service on our website you have subscribed for.
- Price and payment
- The prices of our services will be as quoted on our website (we refer you to the join page- http://www.fityoungmen.com/join) and we reserve our rights to vary the prices of our services from time to time.
- FitYoungMen memberships, both 'Last 2 Years of FYM Photographs' and 'All of FYM Photographs' exclude Fit & Famous content which are charged separately.
- Our website offers a variety of services and it is always possible that, despite our best efforts, some of the services listed on our website may be incorrectly priced. If our service's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the service, or reject your order and notify you of such rejection.
- We are under no obligation to provide our services to you at the incorrect (lower) price, even after, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
- Payment for all services must be by credit or debit card. Your credit or debit card will be charged as soon as you complete the CCBILL or Epoch page. If you subscribe to our services on a recurring basis 2nd payments onwards will be taken 30/90 days from the date of the contract.
- Cancellation prior to first login
- By accepting these terms and conditions you agree that your use of our services starts on your first login to our website and you will not be able to cancel the Contract after your first login to our website.
- You may at any time before you are first provided with our services, i.e. before your first login, cancel our services. You can do this by using our contact us page http://www.fityoungmen.com/contact-us
- Access to our services
- We try and ensure our website and our services are available for use 24 hours per day, 7 days per week however we do not promise that at other times our website and services will be available. To the fullest extent permitted by law, we will not be liable to you for damages or refunds should our website and our services become unavailable or access to our website and our services becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, periodic maintenance, repairs or replacements we undertake from time to time, overload of request for our services, general network failures or delays, interruption or failure of telecommunication or digital transmission links, hostile network attacks, or any other cause which may from time to time make our website or our services inaccessible to you.
- We refer you to our join page (http://www.fityoungmen.com/join) on our website. Please note that the largest two photo sizes and photo zips are only available to members with a 60 or 120 day consecutive membership, the type of membership as shown on the join page determines if it is 60 or 120 days.
- If you subscribe to our services on a "last two years of FYM" basis you will only be able to view photo sets added within the last two years from your join date.
- We have the right to limit the amount of data you can download in a 24 hour period.
- We expressly forbid the use of any type of "download tool" which is a tool that enables simultaneous multiple photograph or film downloads with similar timestamps.
- Intellectual property rights
- We are the owner of all intellectual property rights in our website and our services except in relation to material posted or uploaded by users onto our services and you legally promise that by posting or uploading this material you are the owner.
- You may view or print off one copy of any of the images of our website or our services.
- You may download or stream our photographs or films for your own personal use.
- Any downloaded photographs or films must be stored on your own device and not stored/transmitted to any other systems or computers.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
- You must not upload any photographs or films owned by us on our services, materials posted or uploaded by users onto our services are excluded under this provision, onto any other websites (including but not limited to file sharing websites and the cloud).
- Our status (and that of any identified contributors) as the authors of material on our website and our services, except in relation to material posted or uploaded by users onto our website and services, must always be acknowledged.
- You must not use any part of the materials on our website, including (but not limited to) photographs and films, for commercial purposes or for any other purposes other than for your own personal use and you specifically agree not to:
- permit other individuals to directly or indirectly use our services;
- create derivative works based on our services
- If you print off, copy, download or upload any part of our website or our services, including (but not limited to) photographs and films to other websites or for commercial purposes or any purposes other than personal use, in breach of these terms and conditions your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Any material uploaded to our website and our services will be considered non-confidential and by uploading it onto our website you agree that we have a right to use, copy such material for the purposes of running our website. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property, their right of privacy or is defamatory towards them.
- Should you infringe our intellectual property rights your current subscription will automatically be terminated and you will be deemed to have waived all future rights to subscribe to our service and consequently any further attempts by you to subscribe to our services shall be blocked.
- Damages Claims
if you upload any photographs or films (or substantial parts of the photographs or films) from our website onto other websites (including without limitation file sharing websites and the cloud), and/ or
if you share any photographs or films (or substantial parts of the photographs or films) from our website with other individuals,
to pay us £25,000.00 within 14 days of us notifying you that we have discovered photographs or, films originating from our website that have been marked with your invisible watermark ID.
- You agree that clause 8.1 is not disproportionate to our interests in protecting the exclusivity of our content, the investment by us in creating such great content and ensuring we do not lose subscribers because our exclusive films and photographs can be freely viewed on other websites.
- Data protection
- interactive services
- We may from time to time provide interactive services on our services, including, without limitation:
- Chat rooms;
- Member to Member Messaging;
- (interactive services)
- Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
- We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our services, and we will decide in each case whether it is appropriate to use moderation of the relevant interactive service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the interactive service is moderated or not.
- Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- We do not endorse any opinions expressed by users on our interactive services. Any content placed on our interactive services by users represents the views of the person who provided such content and not those of Zone 8 Media Limited.
- Content standards
- By agreeing to these terms and conditions you agree to our content standards.
- These content standards apply to any and all material which you contribute to our services (contributions), and to any interactive services associated with it.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
- Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote violence.
- Promote discrimination based on race, sex, religion or lack of religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Prohibited uses
- You may not use our services:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (above).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- You also agree:
- Not to reproduce, reverse engineer, decompile, duplicate, copy or re-sell any part of our services in contravention of these terms and conditions of sale.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our services;
- any equipment or network on which our services are stored;
- any software used in the provision of our services; or
- any equipment or network or software owned or used by any third party.
- Viruses, Hacking and other Offences
- You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
- We will not be liable for any loss. Provided we have taken reasonable steps to ensure it doesn't happen, or damage caused by a distributed email-of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
- Linking to our website
- You may link to our website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- Our website must not be framed on any other website. We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of material on our website other than that set out above, please address your requests to email@example.com.
- Links from our website
- Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- By accepting these terms and conditions you agree to promptly inform us of any of the following events:
- Loss or theft of the credit/debit card you use to pay for our services;
- Changes of home billing address of the credit/debit card you pay for our services;
- Any unauthorised disclosure of your user name and password.
- You further agree by accepting these terms and conditions not to fraudulently report any of the above in in clause 15.1.
- If you fail to report any of the above events specified in clause 15.1 or report any of the events specified in clause 15.1 fraudulently your right to use our services will cease immediately.
- If you believe that your account has been used by an unauthorised person or in an unauthorised manner then you must promptly inform us so that we can take action to close or suspend your account and minimise your losses. Failure to notify us of such unauthorised use, resulting from your negligence, promptly, will result in you continuing to be liable for previous and future unauthorised use of your account.
- If you re-charge your membership fee we have the right to invoice you for the full amount, plus an administration fee of £20.00.
- Our liability
- Our total liability to you (however the liability arises) shall not exceed £250.00.
- Any term which might be implied into these terms and conditions (for example, by a particular law) are hereby excluded.
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). This includes any act, event, not-happening, omission or accident beyond our reasonable control. For example (without limitation):
- riots, terrorist attacks or war;
- fire, storm, flood, earthquake or other natural disaster; and
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will do our best to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into the Contract, neither of us relies on, or will have any remedies in respect of, any representation or legal promise (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and legal promises that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
- Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the services).
- We reserve our rights to terminate our services for any breaches of these terms and conditions.
- If you subscribe to our services on a 30/90 day non-recurring basis our services will automatically terminate 30/90 days from the Contract.
- If you subscribe to our services on a 30/90 day recurring basis and would like to terminate our services please go to our help page http://www.fityoungmen.com/help Our services will then be terminated 30/90 after your last payment.
- Law and jurisdiction
- Contracts for the purchase of our services through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims such as, but not limited to, intellectual property disputes or claims) will be governed by English law (in addition if you live within the European Union you will be subject to any laws of the European Union country you are living in that cannot be contracted out of by these terms and conditions), unless you reside, are domiciled, or are located in the U.S. in which case contracts for the purchase of our services through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims such as, but not limited to, intellectual property disputes or claims) shall be construed and enforced in accordance with New York law.
- Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims such as, but not limited to, intellectual property disputes or claims) will be subject to the non-exclusive jurisdiction (which means that if either party were able to bring a claim arising from or in connection with these terms and conditions against the other in court, an acceptable court would be a court located in England, but either party may also elect to bring a claim in the court of another country instead) of the courts of England and Wales, unless you reside, are domiciled, or are located in the U.S. in which case any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims such as, but not limited to, intellectual property disputes or claims) shall be brought in the federal or state courts located in New York City.
- If you reside, are domiciled, or are located in the U.S. you hereby agree that the prevailing party in any legal proceeding in the U.S. brought by one party against the other party in a copyright dispute or other Intellectual Property dispute shall be entitled to recover its legal expenses, including, but not limited to, the costs of any court or arbitration proceeding and reasonable attorneys' fees.
To view our previous terms and conditions please click on the below link
Terms and Conditions prior to 10th October 2013