Terms of Use

GENERAL WEBSITE TERMS OF USE

 

Welcome to our website.  By using this website you are agreeing to comply with and be bound by all of the following General Website terms and conditions of use, which together with our privacy policy govern Motion Traxx’s relationship with you in relation to this website. The term ‘Motion Traxx’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is located in New York, New York, U.S.A. The term ‘you’ refers to the user or viewer of our website.  The use of this website is subject to the following terms of use:

1.  The content of the pages of this website is for your general information and use only. It is subject to change without notice.

2.  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3.  Your use of any information, content, music, or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.  (see also below Terms Regarding The Use of Our Workout Music)

4.  This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, music, article, blog posts, logos, images and graphics. Reproduction is prohibited other than with proper crediting of MotionTraxx.com as the source, and in accordance with our copyright notice, which forms part of these terms and conditions.

5.  You agree that Motion Traxx, Cardio Star, Deekron ‘The Fitness DJ’ and other logos and trademarks found on this site are property of Motion Traxx / RockitWave8 LLC and you are prohibited from using, replicating or duplicating such trademarks without our express written consent.

6.  All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

7.  You agree to provide accurate, valid and complete information when you subscribe.

8.  You agree to safeguard your password and other user log information and not share it with anyone.  You agree to store your log information in a place that is safe, but easy for you to access as needed for logging into our site.

9.  We may ask you to change your password at any time for security purposes.

10.  You agree to never abuse your Subscriber privilege.  You agree not to leave inappropriate comments on our discussion threads, nor harass other users, nor attempt to extract the personal information of others from our site, nor use your access to this site for any other illegal, unauthorized or inappropriate activities.

11.  Unauthorized use of this website’s content, including but not limited to the music on this site, may give rise to a claim for damages and/or be a criminal offence.

12.  You understand that we reserve the right to cancel your Subscription at any time, per our discretion.

13.  You may voluntarily cancel your subscription at any time.

14.  From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

15.  You agree to hold Motion Traxx and its stakeholder free from any loss or liability that may arise due to errors, omissions, maintenance or other malfunctions of our website.

16.  Motion Traxx is not responsible for any 3rd party content that appears on our website or in our music.

17.  You agree to review our Privacy Policy and Copyright notice.

18.  You agree to be held responsible for any losses incurred by Motion Traxx and its stakeholders by breaching any of our Terms of Use.

19.  Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.

 

TERMS REGARDING THE USE OF OUR WORKOUT MUSIC

Regardless how you access our music, from our website, smartphone app or otherwise, by using our music, for exercise or for any other purpose, you are agreeing to comply with and be bound by all of the following terms and conditions related to the use of our workout music.

1.  You agree to use Motion Traxx safely and at your own risk.  You agree to consult with a physician and be cleared for physical activity.

2.  We make no guarantees or promises to the suitability or fitness of our music.

3.  You agree that Motion Traxx is not professional medical, health or fitness advice, and is strictly for entertainment purposes.

4.  You acknowledge that physical exercise has inherent risk of injury or even death.  You agree to use appropriate caution when exercising with Motion Traxx.

5.  You agree to hold Motion Traxx, its employees, owners, affiliates, partners, clients, customers, advisors and all other stakeholders free from any liability for injuries or accidents that may occur while using our music. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

6.  Motion Traxx is not responsible for sales of our music, software, or other content through other stores (e.g. iTunes).  You agree to contact such online vendors directly to resolve any technical, billing or other disputes with them directly.

7.  You agree to gain appropriate medical clearance, in writing, from a licensed doctor, that you are fit for rigorous exercise BEFORE using Motion Traxx as part of your exercise routine.

8.  If you notice any signs or symptoms of health problems after exercising with Motion Traxx, or at any time while exercising, you agree to report these signs and symptoms to your doctor immediately.

9.  You may NOT share any of our premium, for-pay music albums with anyone without prior written consent from Motion Traxx.

10.  You agree that you are over the age of eighteen (18).