Acceptance of the Terms of Use

THESE TERMS OF USE (“TERMS”) ARE ENTERED BETWEEN YOU (“YOU”) AND VIXEN WORKOUT, LLC, (“VXN” OR “WE”) OWNER OF THE VXNWORKOUT.COM, VXN-OFFICIAL.COM, OTHER RELATED WEBSITES, SUBDOMAINS, THE VXN MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”), AND THE CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SITE (THE “CONTENT”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

VXN reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, VXN grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Use of the Site

Users of all ages are welcome to browse the Site however, you may only establish an account if you are at least 18 years of age, or the legal age of majority in your state, province or country of residence , and, if you are under the age of 18 or the legal age of majority, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate on the Site, and fulfill the obligations set forth in this Agreement, which forms a binding contract between you and VXN.

In order to purchase products/services from the Site and in order to access/use some features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

VXN reserves the right, without notice, to prohibit use of the Site by any user who, in our sole discretion, violates the Terms. Such a prohibition may occur without notice to the user. If you believe another user is violating the Terms, you may notify us, and we will work in good faith to resolve such issues. VXN has no obligation to monitor the Site or the Content and are not responsible for the accuracy or reliability of any of the Content or for any defamatory, offensive, or illegal conduct or statement by any user of the Site.

Special Terms and Conditions

Special terms apply to some services offered on the Site, such as subscription-based services, product purchases, rules for contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.

User Generated Content

You acknowledge your responsibility for any information, profiles, reviews, comments, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) you submit, upload, post or otherwise provide or make available to us or our vendors, on or through the Site or otherwise, including User Content you upload or post on third-party websites, such as Instagram, Twitter, and Facebook, that are associated with hashtags related to VXN, including but not limited to #vxn, #vxnarmy, and #vxnapparel (“Submissions”). Such Submissions may be used on the Site and/or on other VXN marketing materials, including on the Site, in emails and on social media. You may only make a Submission if you are 18 years of age or older. If we select a Submission for use on the Site, it may be displayed for others to see, together with your name and associated Instagram, Twitter, or Facebook (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at our discretion.

By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we are free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, producing and marketing products and services which incorporate such User Content.

If you make a Submission, you represent and warrant that you own or otherwise control any rights therein and any and all elements thereof; that you have the rights from any and all third-parties appearing in such Submission to grant the license contained in these Terms for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality.

Mobile Services

The Site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from VXN, and access certain other features (collectively, “Mobile Services”). By using the Mobile Services, you agree that VXN may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to VXN. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages VXN intends to send to you are not sent to another person who acquires your former mobile telephone number. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.

Links to Third-Party Websites

The Site includes links to other third-party websites (“Linked Sites). We are providing these Linked Sites solely as a convenience. Such Linked Sites are not under our control. We are not responsible or liable for the contents available at any such Linked Site. VXN does not endorse the content of the Linked Site, its sponsors or any products or services offered on the linked Site. Use of any Linked Site is at your own risk.

Privacy

Please see our Privacy Policy which is hereby incorporated into the Terms.

Disclaimers and Warranties

Content on the Site is provided for entertainment purposes only. The Site and Content are provided on an “as is” and “as available” basis. Your use of the site is at your own risk. To the full extent permissible by applicable law, VXN disclaims all other representations or warranties, either express or implied, as to the site or content, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In no event will the collective liability of the company, its affiliates and its licensors, service providers, employees, agents, officers and directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the service, any websites linked to it, any content on the service or such other websites or any offerings, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

VXN does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components.

VXN reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity

You agree to indemnify, defend, and hold harmless VXN, its officers, employees, directors, affiliates, agents and sponsors from and against any and all demands, loss, liability, claims or expenses (including attorneys’ fees), made against VXN by any third party due to or arising out of or in connection with your use of the Site.

Copyrights and Trademarks

The Site and Content are the property of VXN and its licensors and are protected by United States and International Copyright laws. All copyrights, trademarks, and other proprietary rights on the Site and in the Content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by VXN on the Site or elsewhere are reserved to VXN and its licensors. Except as provided in an express authorization from VXN, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.

Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Governing Law and Jurisdiction

The laws of the State of Florida govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in the State or Federal courts located in Miami-Dade County, State of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, although VXN retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Void where Prohibited

VXN administers and operates the Sites from its location in Miami, Florida USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. VXN reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

Waiver and Severability

No waiver of these Terms of Use by VXN shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the VXN to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

Contact Us

This Site is controlled and operated by Vixen Workout, LLC.

All feedback, comments, requests for technical support and other communications relating to the Service should be directed to [email protected].

All notices of copyright infringement claims should be sent to [email protected].

Last Modified: November 1, 2020