1.1. These Terms of Service (hereinafter referred to as the “Terms”) are the official document regulating the relations between PitchIt Group, Inc, a legal entity registered under the laws of the United States, North Carolina (hereinafter referred to as the “Administration” or “Administration of the Website”), and you, connected with the use of the website available in the Internet under the domain name (including all possible subdomains and mobile applications related to the site) mednfit.com (hereinafter referred to as the “Website” or “Service”) and the rendering by the Administration of the services specified in these Terms.
1.2. These Terms are a public offer. By accessing the Website or otherwise using the Website and also putting the mark, stating that you accept the terms of these Terms, you are joining these Terms and fully accept them. These Terms shall be deemed concluded and shall enter into force upon acceptance by you of its conditions in the way provided for by this clause of the Terms.
1.3. Unless otherwise arises from the Terms, the terms used herein have the following meaning:
“Subject of the Website” is about the e-commerce platform PitchIt App.
“The Content” means the images, text, audio and video materials, as well as other objects of the copyright and (or) related rights, trademarks for goods and services, logos, databases, computer programs, messages of any nature and any other information in any other form.
«Registration» is the creation by the user of the Register entry (Account) used to identify the user.
“Register entry” or “Account” is your cumulative data allowing to identify you and providing you with the opportunity to use the Website on provisions stipulated by these Terms.
“Personal profile” is a personal area to which you receive access after registration and subsequent authentication on the Website using your login and password. The personal profile is intended to store personal data, view and managing of the available functional capabilities of the Website in accordance with the terms of its use.
“Legislation” or “legislation” is the legislation of the country where the user, the Administration and the servers of the Website are located, unless otherwise expressly follows from the contents of the Terms.
“Blocking” means the temporary restriction by the Administration of the opportunity to use the Account for posting comments and other materials on the Website, restriction of the access to the Account, as well as temporary exclusion of the Content posted by means of the Account out of the Content which is shown on the Website and / or blocking of the access to it by the Administration.
“Suspension of the Account” means temporary restriction put by the Administration in the Account use concerned with disposing any materials on the Website, including comments.
“Deleting of the Account” means exclusion of the Account and the Content posted by means of this Account out of the materials posted on the Website. At that, whether and when such an Account will be deleted physically will be determined by the Administration at its discretion. Until the very moment of its physical removal, the Account can be restored by the user in terms and in the manner specified by the Administration.
“Blocking of the Content” means the exclusion of the Content out of the materials which are shown on the Website or restriction of the access to them by the Administration.
“Deleting of the Content” is the exclusion of the Content out of the materials posted on the Website, with its further physical removal. At that the moment when such Content will be removed physically is determined by the Administration at its discretion.
1.4. In case the Terms do not contain the definition of terms that are used herein mentioned terms are interpreted on the basis of the established practice of their application.
PLEASE, READ THESE TERMS CAREFULLY BEFORE YOU START USING THE WEBSITE.
2.1. The subject of the Terms is the provision of the access to the functional Website capabilities by the Website Administration, namely:
● provision of access to the Content posted on the Website by other users and the Website Administration including Content posted on a chargeable basis.
● provision with opportunities to post messages, comments, reviews and any other Content on the Website, including the publication of the text, graphics, audio and video materials on the Website.
2.2. Access to the functional capabilities of the Website is provided by the Administration in range and under the terms and conditions specified in these Terms.
2.3. If you use the Service by any of the ways, specified above in clause 2.1. of these Terms, you simultaneously confirm that:
● You have reached the age of 14 (fourteen) years old.
● You have read and understood the provisions of these Terms in full before you started using the Service.
● You accept all the provisions of these Terms in full without any reservations and undertake to comply with them in full.
● You give your consent in consequence that your personal data will be collected in accordance with the provisions of these Terms.
3.1. The use of the functional capabilities of the Website, unless otherwise expressly provided by these Terms, is allowed only after you have passed through the Registration followed by further creation of the Account, as well as passed through the authentication and authorization on the Website in accordance with the rules stipulated by the Terms.
3.2. Registration is allowed for the persons who have reached the age of 14 years only.
3.3. Registration, authentication and authorization are not required to view the Content on the Website, access to which is not restricted by the Administration of the Website, as well as to use the functional capabilities of the Website technically accessible without any such mentioned authentication and authorization.
3.4. To register on the Website, you are obliged to provide reliable and complete information in consequence with the issues proposed in the registration form and to maintain this information up-to-date as well as to authorize the Administration to process the personal data provided by you in the range specified by the Terms. When choosing a password, you are obliged to use simultaneously uppercase and lowercase letters, numbers, and signs. The password must not be shorter than 8 (eight) characters.
3.5. Either there was revealed the fact of providing unreliable or incomplete information or the Administration has the reasonable grounds to consider that you have provided incomplete or unreliable information, the Administration has the right to immediately block, temporarily suspend the action or delete your Account and/or the Content posted by you partially or in full manner, as well as to deny you the use of the Website in full or in a certain part.
3.6. As soon as the registration procedure is completed a unique Account connected with your Personal profile is created for you, that is necessary to use a range of the functional capabilities of the Website.
3.7. The Administration has the right to demand from you at any time the confirmation of the data that you have specified during registration, as well as the confirmation of rights for the Content you have posted, and to request in consequence thereof to submit the supporting documents (documentary evidence) and information from the official sources including those in the form of extracts, certificates, references and in other form (in particular: identity documents/confirming the creation/registration of a legal entity/licenses authorizing to perform certain activities/the existence of rights for the objects of intellectual property rights, information from the official sources concerned with the validity of the submitted documents in the form of the certificates, extracts, etc. in paper or electronic form). At that, such documents, unless otherwise stipulated by the Administration, must be provided in full range and in quality sufficient to verify the information and originality of the documents. Prior to the submission of the requested documents and information in full range, the Administration has the right to temporarily block or suspend the operation of your Account and / or the Content posted by you on the Website. In case the mentioned documents are not provided within a reasonable time, the Administration has the right to delete your Account and/or the Content that you have posted notifying you by e-mail 10 (ten) calendar days prior to such delete.
3.8. Your personal information, that is indicated in the Account and the Personal profile, is stored and processed by the Administration in accordance with the Data Protection Guidelines (private policy) specified in these Terms.
3.9. When you pass through registration you should personally indicate your e-mail address, which will be the unique symbolic name of the Account, and the password for authentication and access to your Personal profile. The e-mail address specified by you must not contain insults to other persons and must comply with the other requirements stipulated for the Content disposing. The technical restrictions of the Website (length, permissible symbols, etc.) are also applicable when you specify the login.
3.10. The list of the functional capabilities of the Website, that in case they are used require Registration and / or authentication and authorization, as well as requesting and receiving of the additional documents for their use, if necessary, is determined by the Administration at its own discretion.
3.11. You undertake not to allow any third parties to use your Account, unless otherwise is expressly provided for in these Terms. In case of violation of this condition, the Administration has the right to delete or block your Account without any prior notification.
4.1. The functional capabilities of the Service allow you to:
4.1.1. Create an Account to be authenticated on the Website and to provide information about yourself to the Administration and other users of the Website;
4.1.2. Post using the Account various materials on the Website including messages (posts), articles, news, photos, with or without description, links to video and other materials posted on the third-party resources, as well as to edit the materials that were previously posted by you, including the descriptions to them, in the range allowed by the technical limitations of the Website;
4.1.3. Aggregate the materials that have been posted by you on the Website into certain groups (catalogs) including creation of such groups (catalogs);
4.1.4. Comment the content posted on the Website by other users as well as edit the comments that you have previously posted;
4.1.5. Exchange messages with the other persons who have the Account on the Website using the chat of the Website.
4.1.6. Hide the materials that you have posted on the Website from the certain categories of users.
4.1.7. Hide other users’ posts from feed.
4.1.8. Add other users to blacklist.
4.2. You may also be given an opportunity to place advertising on the Website if it was prior approved by the Administration. The content of advertising is the subject to the same requirements established for the Content posted on the Website, as well as those established by the legislation for the content of advertising.
4.3. By hosting information using this Service including creating the Account, communicating in the Service chat, commenting on the Content of the other users of the Service, you assume full responsibility for your actions and for the content of the information you have posted, as well as:
4.3.1. guarantee and declare that you have all necessary powers (permits, licenses) to post any materials that you have posted on the Website including those that are subject to intellectual property rights .You confirm that such posting does not violate the rights of the third parties;
4.3.2. understand and accept that the Administration and the other persons may use the Content posted by you on the Website within the range stipulated by the legislation;
4.3.3. undertake not to post the Content which: ● is not concerned with the Subject of the Website;
● contains advertising, including natural (native) advertising in the form of the articles, notes, etc., of any ambiguous products; biologically active additives and other products with dubious efficiency or which delude or may delude the consumers regarding their properties;
● contains photos, videos, audio materials that are extremely unpleasant for perception (excessive naturalistic photos of operations, diseases, injuries, etc.) or that can cause any harm to the other users of the Website. Such materials may be posted only in cases directly provided for in the Terms or additional documents to it, using technical mechanisms that exclude inadvertent access to them by the users of the Website or other third parties;
● is prohibited by the legislation of the country of the user or the Administration or is slanderous, offends morality, demonstrates (or propagates) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination of people on racial, ethnic, sexual, religious, social grounds, contains insults to any person or organization, contains elements (or is propaganda) of pornography, children’s eroticism, is an advertisement (or is propaganda) of the sexual services (including those under the guise of other services), explains the procedure for the manufacture, consumption or the other use of the drugs or their analogues, explosives or other weapons; violate the rights of the third parties including minors and/or harm them in any form; 4.3.4. You undertake while posting the messages (posts), comments and other information on the Website, chatting with the other users to adhere to the generally accepted ethical norms of communication, in particular, to be polite, not to use non-normative (obscene) lexicon, not to disseminate confidential information about the persons, as well as not to post information that may harm honor and dignity of the others, not to post information that is aimed at inciting national, racial or religious hatred and hatred or humiliating the national honor and dignity or insult (offend) the feelings of the others.
4.3.5. You undertake not to impersonate another person or representative of the organization and/or community without sufficient rights and use any other forms and methods of illegal representation of the other persons on the Internet and mislead the users or the Administration regarding the properties and characteristics of any other person, subjects or objects;
4.3.6. You undertake not to download, transmit, transfer or otherwise distribute and / or post the Content if you have no rights to execute such actions;
4.3.7. you undertake not to download, send, transfer or in any other way post and/or distribute the advertisement that was not authorized in a specified manner, spam (including the search one), lists of other persons e-mail addresses, schemes of “the pyramids”, a multi-level (network) marketing (MLM), Internet earnings and e-mail business systems, “happiness letters”, advertising information about gambling, puzzles or lotteries, including online casinos, bookmakers, bingo or poker, and not to promote distribution of such advertising information as well as not to use the Website to participate in these events;
4.3.8. You undertake not to collect or store personal data of the other persons without the special permission;
4.3.9. You undertake not to violate the normal operation of the Website and not to take any actions that may harm or negatively affect the normal operation of the Service or the Content hosted on the Website;
4.3.10. You undertake not to host on the Website the links to Internet resources content thereof is contrary to the applicable law and the requirements to the Content established by these Terms;
4.3.11. You undertake not to promote actions directed on violating the restrictions and prohibitions imposed by the Terms.
4.3.12. You undertake not to violate the law in any other way, including the provisions of the international law.
4.3.13. You undertake not to violate or promote violations of these Terms of service or other rules of the Service and not to promote such violations.
4.4. By using the Website you understand and accept that taking into account the Website’s subject matter (sports, nutrition, medicine, etc.), and that materials on the Website can be posted by a wide scope of persons whose opinions may not coincide with the opinion of the Administration and your opinion, the materials posted on the Website may conflict with your beliefs and may not be suitable for susceptible people or people with particular mentality. Therefore, you undertake to take sufficient measures by yourself to avoid access to the Content that may cause any harm to you or your relatives.
4.5. If you have repeatedly or severely violated the provisions of these Terms, including your obligations specified in this section of the Terms and/or the requirements of the legislation, the Administration has the right to immediately block, suspend or delete your Account without prior notice.
4.6. The Administration has the right to restrict or prohibit access to or from the Website, to delete the Content posted with violation of the provisions of these Terms on the Website, including violation of the rights of the third parties, and/or which does not comply with the requirements of the law, including the case of receipt of a motivated claim from the third parties, without prior notice to the person who has posted such Content.
4.7. In case of violation by the user of Terms on the Website, or the laws of the country in which this site (application) is used, the administration has the right to use the blocking tools (temporary/permanent) certain user materials or its profile.
4.8. Administration has the right to unilaterally set restrictions on the use of the Website, including the presence/absence of the individual functions, maximum period of storage of information and data, special parameters for downloadable information, etc. Information about the established restrictions will be brought to the attention of the users by posting it on the Website and/or sending the appropriate email.
4.9. Considering the fact that the Website is the software and program and technical product which can have technical difficulties in its work from time to time, the Administration does not undertake to ensure the uninterrupted operation of the Website and its separate functional capabilities; the Administration does not guarantee that: the Service meets your requirements or the legislation of your country at the moment of the Terms or changes to the Terms acceptance and that they will correspond to them afterwards; It does not guarantee that the Website will work continuously, quickly, reliably and without errors; does not guarantee that the results that can be obtained using the Service will be accurate and reliable and can be used for any purpose or in any quality (for example, to establish and/or confirm a diagnosis, a method of treatment, a diet or a program of physical activities, etc.); does not guarantee that the quality of any product, service, information and Content obtained using the Service will meet your expectations.
4.10. As the Service is at the stage of constant supplement and updating the form and nature of its functionality may change from time to time without your prior notification. The Administration has the right if necessary at its own discretion to terminate (temporarily or finally) the functioning of the separate functional capabilities of the Service to all users in general or to an individual user, in particular, without prior notification.
4.11. The Administration in case of making changes into the Term has the right to suspend access to your Account until receives from you the changes to the Terms acceptance confirmation in form of putting mark by you certifying the acceptance of such changes.
4.12. Unless otherwise provided by additional documents, the Service is provided in form “as it is”, that is with all the shortcomings being known and unknown, as well as with the shortcomings that may arise from its updating and other possible changes. You use the Service at your own risk with all its shortcomings including those that may arise in the future. The Administration does not promise the uninterrupted operation of the Service and does not bear any responsibility for possible losses in any way connected with the Service including the compliance of the Website with your goals.
4.13. The Administration does not check the Content posted on the Website and you can use any information and/or materials you can access using the Service at your own risk and you are solely responsible for the possible consequences of such use, including for the damage it may cause your computer or the third parties, for loss of data or any other harm.
4.14. The Administration of the website is not in any way connected with the Content provided and/or posted by users on the Website and does not check the content, authenticity and security of such Content or its components, as well as their compliance with the requirements of the current legislation and availability of necessary scope of the rights to distribute and/or use it.
4.15. You are solely responsible for the compliance of the Content you post with the requirements of the current legislation, including the liability against the third parties in cases when such Content posting or its content violates the rights and interests of the third parties, including personal non-property rights of the authors, other intellectual rights of the third parties, and/or aggresses their intangible goods.
4.16. The Administration has the right (but not the obligation) at its discretion to deny you the posting and/or distribution of the Content or to remove any Content without compensation for any damages and prior notice. You acknowledge and agree that you must independently assess all the risks concerned with posting and distribution of such Content, including assessment of its reliability, completeness or usefulness.
4.17. You agree that the Administration is not responsible for the violation of the rights and/or interests of the third parties connected with the use of the Service, including the posting of inappropriate Content or other your actions that contradict the rules of these Terms and the requirements of the legislation, as you are solely responsible for such actions in accordance with these Terms.
4.18. The Website may contain links to the Internet sites (third-parties sites). These third parties and their Content are not verified by the Administration for compliance with certain requirements (reliability, completeness, legality, etc.). The Administration is not responsible for any information, materials posted on the third-parties sites which you access in connection with the use of the Website, as well as for the availability of such sites or information and the consequences of their use by you.
4.19. You agree that in connection with the possibility of using the Website/Service by an unlimited number of the users, the Administration is not responsible for unauthorized access of the third parties to your Account, including due to its hacking or other unlawful acts of such third parties.
4.20. The link (in any form) to any website, product, service, any information of a commercial or non-commercial nature posted on the Website is not an approval or recommendation of these products (services, activities) by the Administration, unless explicitly indicated by the Administration.
4.21. The Administration has the right to store the deleted Accounts and Content posted via removed Accounts, for the indefinite period of time. The storage period for such information is determined by the Administration itself.
5.1. Access to the Content posted on the Website on open access is free of charge.
5.2. The use of the functional capabilities of the Website may be provided on a paid-for basis in accordance with additional documents to these Terms.
6.1. You give the Administration your consent and permission for processing in any way (collection, storage, adaptation, etc.) of your personal data that you have provided both in frames of registration procedure and within the validity of these Terms, as well as received by the Administration within the period you have been using the Service in order to keep records of users of the Website, collect statistics, maintain accounting records, effect payments, collect information to improve the Service. You give the Administration your consent and permission for the distribution of your personal data in cases directly provided for by law and solely to the request of a public authority authorized to receive such information or when the necessity of such data disclosure in a certain form and range is directly specified by the legislation or the Terms.
6.2. You confirm that you are aware of your rights related to the protection of personal data.
6.4. The administration also has the right at its own discretion to transfer to third parties the collected information about you and other users of the Service in an impersonal form as statistical or similar data that do not allow to identify a particular person.
7.1. These Terms of Services are term-less.
7.2. The Administration has the right to amend the Terms unilaterally without any special notification. A new edition of the Terms comes into force from the moment they are posted on the Website.
7.3. You hereby accept the changes made by the Administration to these Terms when you continue using the Website. Besides the Administration may propose you to provide further confirmation of your acceptance of changes to the Terms by putting a mark certifying acceptance of changes to these Terms.
7.4. You are personally solely responsible for verifying whether any changes were made in these Terms.
7.5. In case your Account is deleted by the Administration or personally by you, the Terms shall terminate.
7.6. In order to terminate these Terms, you may also notify the Administration accordingly, using the facilities of the Service. In such case the Terms shall be considered terminated the next day following the day when you have sent such notice. In case of the Terms termination, the Administration shall delete the Account and the Content posted through it.
8.1. Taking into account that the Content on the Website is posted by the third parties and the Administration does not undertake any obligations before you to check such Content, the Administration does not bear any responsibility for any losses incurred as a result of your use of the Website, as well as for offensive, undesirable, obscene, illegal and reprehensible due to other reasons materials or information that you may encounter with on the Website.
8.2. The Administration is released from any responsibility before you, in particular for damages incurred if such release from the responsibility does not contradict the legislation applicable to the Terms. If the release from responsibility is not allowed, but its limitation is allowed, the maximum amount of the Administration’s total liability for damages suffered by you is limited by 10 (ten) EURO amount.
8.3. These Terms are regulated by the substantive law of the Republic of Estonia.
8.4. All disputes between the Parties are settled by negotiations, and in case the Parties have not been able to reach an agreement, the dispute should be settled in court. A separate procedure for pre-trial settlement of the disputes is not specified in these Terms.
8.5. Unless otherwise directly arises from the legislation applied to these Terms, all disputes related to it should be considered by court at the place of the Administration location.
9.1. You provide the Administration with your consent to send you to your e-mail address, indicated in your Personal profile, informational e-mails with news, offers, promotions and other information relevant to the Website, as well as information concerning restrictions of the access to the Website in connection with preventive maintenance, temporary suspension, blocking, deleting of the Account in consequence with your or other violations, information about changes in the Website functionality, changes in the Terms and related documents, etc.
9.2. You agree that all actions done on the Website using your login and password are considered to be executed by you.
9.3. The communication between you and the Administration is carried out via the Website and/or by e-mail, specified by you as the login in frames of Registration. Meanwhile, all e-mails sent from the e-mail, specified in frames of Registration, are considered to be sent by you personally.
9.4. You are obliged to take all reasonable steps to prevent the loss or theft of the password from your Account. The Administration is not responsible for obtaining unauthorized access to your Account by the third parties due to your negligence or in case the law-violators use the means that the Administration objectively cannot resist (using the direct-search method, viruses and other programs that allow to receive access to the user’s password from the devices used by him/her etc.).
10.1. The administration uses the personal data, provided in the digital form, according to the article 6 of these Terms.
10.2. The administration has the right to use the Content, posted on the Service in the digital form, using any possible means not prohibited by the legislation.
10.3. You are authorized to use the Service for the purposes specified hereby. You are not provided with any right to use the Website or its separate parts represented in the digital form as the intellectual property rights object. In particular, you are forbidden to copy the Service and its separate parts, to use it for the creation of the other websites, to change the Service in any other manner, etc.
11.1. Invalidity of the specific provisions hereof does not mean the invalidity of the Terms of service in general.
11.2. The names of the articles in the Terms of service are indicated for convenience only and are not taken into account when interpreting these Terms of service.
11.3. If the subject of the Terms of service does not correspond to the terms and conditions of the Terms you are entitled to demand application of the law enforcement, specified by the Law of Obligations Act and by the other legislation of the Republic of Estonia.