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Terms and conditions
This document was last updated on 4 Sept 2023
Definitions
Performlist: This refers to the platform offered by Performlist where creators can create and share Performlists.
Performlist Platform: This is the online platform offered by Performlist where creators can create and share Performlists, and where users have access to these Performlists.
Third Parties: In this context, it refers to external parties or organizations that are not directly involved with Performlist. These can include external advertisers, service providers, or other companies.
Creator: A creator is a user of the Performlist platform who can create and make Performlists available to other users.
Free Premium Performlists program: This refers to a program in which Performlist provides free access to specific premium Performlists for users.
User: A user is someone who uses Performlists. In this context, it refers to a user who accesses and uses Performlists on the platform.
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Accounts
- An account is required to use features on Performlist.
- When creating and maintaining your account, you are obligated to provide correct and accurate information, such as your email address. You are solely responsible for inputting this information correctly.
- In the event of a lost password, we cannot grant access to your account unless you can prove ownership of the respective account.
- Your account is personal and must not be shared with third parties, nor should you use someone else’s account.
- You are responsible for keeping your password confidential. Performlist cannot be held responsible for consequences arising from unauthorized access to your account.
- If you wish to delete your account, please contact info@performlist.com.
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Content Access
- Access to Performlists, whether obtained through purchase or free access, grants you the right to view and interact with Performlists via the Performlist platform and for no other use. Transferring or reselling content in any manner is not permitted.
- When you sign up for a Performlist, whether it is free or paid, Performlist grants you a license to view the content through the Performlist platform. The content is licensed, not sold, to you.
- This license does not grant you the right to resell the content in any way (including sharing account information with a buyer or illegally downloading and sharing the content on torrent websites).
- Access is typically lifelong after purchase, unless the content is removed by the Creator or if we must disable the content due to legal or policy reasons.
- Free access may have a limited access period. If so, this will be indicated during the sign-up or purchase process for the Performlist.
- Lifelong access to purchased products applies as long as the account is active and not deleted.
- Access to Premium Performlists obtained through the Free Premium Performlists program is valid as long as the subscription and account remain active. Progress is retained as long as the account exists.
- Creators are not allowed to grant licenses for their content directly to users, and such direct licenses are void and against these Terms.
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Payment and Refund Policy
- Prices on Performlist are determined by the Creators and content providers.
- Performlists periodically offer products as promotions for a limited time. The price you pay during checkout is the current applicable price.
- If you are a user located in a country where consumer sales tax, goods and services tax, or value-added tax applies, we are responsible for collecting and remitting that tax to the appropriate tax authorities.
- Depending on your location, the price you see may include such taxes, or taxes may be added during checkout.
- You agree to pay the fees for content you purchase, and you authorize us to charge your debit card or credit card or process other payment methods (the payment method you selected) for those fees.
- We reserve the right to disable access to content for which we have not received adequate payment.
- If the content you have purchased does not meet your expectations, you may request a refund from Performlist within 14 days of purchasing the content. This refund option does not apply to subscriptions.
- No refunds will be granted if requested after the 30-day warranty period has expired.
- We reserve the right to apply your refund as a refund credit, voucher, or a refund to your original payment method, at our discretion, depending on the capabilities of our payment processors.
- Refund credits may expire if not used within the specified period and have no cash value unless otherwise required by applicable law.
- If we believe you are abusing our refund policy, such as consuming a significant portion of the content you want to refund or if you have previously requested refunds for the content, we reserve the right to refuse your refund, limit you in future refunds, ban your account, and/or restrict all future use of the Services.
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Gift and Promotion Codes
- Gift and promotion codes cannot be redeemed for cash or other compensation.
- Gift and promotion codes, as well as any promotional value associated with them, may expire if not used within the specified period.
- Vouchers, gift, and promotion codes are subject to the terms included with your codes.
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Content and Behavioral Rules
- You may only use Performlist for legitimate purposes. You are solely responsible for the content you post on the Platform. Always respect the law and intellectual property rights of others when posting comments, responses, and creating personal or public lists.
- You may not use Performlist or create an account for unlawful purposes. Your use of Performlist and your behavior on the platform must comply with applicable local or national laws and regulations in your country. You are solely responsible for knowing and complying with such laws and regulations that apply to you.
- When creating or publishing a Performlist, please consider the intellectual property rights of others and the applicable local or national laws or regulations in your country. You are solely responsible for the content you post.
- If we are notified that your Performlist or other content violates the law or the rights of others (for example, if it is found to infringe on intellectual property rights or image rights of others, or if it involves illegal activities) or if we believe your content or behavior is unlawful, inappropriate, or offensive (for example, if you impersonate someone else), we may remove your content from our platform.
- We may, at any time, with or without notice, for any reason, restrict or terminate your permission to use our platform, including in case of a breach of these Terms, failure to pay fees when due, fraudulent chargeback requests, at the request of law enforcement agencies or government authorities, prolonged inactivity, unexpected technical issues or problems, suspicion of engaging in fraudulent or illegal activities, or for any other reason at our discretion. Upon such termination, we may delete your account and content, and we may deny you further access to the platforms and use of the Platform.
- We may, at any time, with or without notice, for any reason, restrict or terminate your permission to use our platform and Services, including in case of a breach of these Terms, failure to pay fees when due, fraudulent chargeback requests, at the request of law enforcement agencies or government authorities, prolonged inactivity, unexpected technical issues or problems, suspicion of engaging in fraudulent or illegal activities, or for any other reason at our discretion. Upon such termination, we may delete your account and content, and we may deny you further access to the platforms and use of our Services.
- If a user has posted content that infringes on your copyright or trademark rights, please let us know. Our Creator Terms require our creators to follow the law and respect the intellectual property rights of others.
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Intellectual Property Rights
- You retain ownership of the content you post on our platform, including Performlists made available for free.
- We are authorized to share your content with anyone through any means, including promotion through advertisements on other websites.
- By posting content, comments, questions, reviews, you grant us the right to use and share this content with anyone, distribute it, and promote it on any platform and in any medium, and to make adjustments or edits to it as we deem necessary.
- When you submit ideas and suggestions for new features or improvements to us, it does not grant you the right to compensation, royalties, or other rights.
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Privacy Policy
- Performlist’s privacy policy governs the collection, use, and sharing of your personal information on the platform. By using Performlist, you agree to the terms of the privacy policy.
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Use of Performlist is at Your Own Risk
- All users can use Performlist to create and publicly share content. Just like with other platforms where people can post and interact with content, things can go wrong, and you use Performlist at your own risk.
- We do not review or edit the content of Performlists for legal issues, and we are unable to determine the legality of the content. We do not conduct editorial control over posted content and, therefore, do not guarantee the reliability, validity, accuracy, or truthfulness of the content in any way.
- By using Performlist, you may be exposed to content that you find offensive, indecent, or unacceptable. Performlist has no responsibility to keep such content away from you and no liability for your access to or subscription in a Performlist or other content, as allowed under applicable law. This also applies to content related to health, well-being, and physical exercise. You acknowledge the inherent risks and hazards in the strenuous nature of this type of content, and by accessing such content, you voluntarily choose to assume those risks, including the risk of illness, physical injury, disability, or death. You take full responsibility for the choices you make before, during, and after accessing the content.
- We are not liable for disputes, claims, losses, injuries, or damages of any kind that may arise from or be related to the conduct of creators or users.
- When using Performlist, you will find links to other websites that we do not own or control. We are not responsible for the content or any other aspect of these third-party websites, including their collection of information about you. You should also read their terms of service and privacy policies.
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Performlist’s Rights
- We own the Performlist platform, including the website, current or future apps and services, and things like our logos, code, and content created by our employees. You may not modify or use these without authorization.
- All rights, title, and interests in and to the Performlist platform, including our website, our existing or future applications, databases, and the content submitted or provided by our employees or partners via our Services (but excluding content provided by creators and users), are and will remain the exclusive property of Performlist and its licensors. Our platform and services are protected by copyright, trademark, and other laws of both the Netherlands and other countries. Nothing grants you the right to use the name Performlist or any of the Performlist trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Performlist or the Services are entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.
- While accessing or using the Performlist platform and Services, you may not do the following:
- Access, tamper with, or use non-public parts of the platform (including content storage), Performlist’s computer systems, or the technical delivery systems of Performlist’s service providers.
- Disable, interfere with, or attempt to bypass any of the platform’s security features or investigate, scan, or test the vulnerability of any of our systems.
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Performlist platform or the Services.
- Access or search or attempt to access or search our platform in any way (automated or otherwise) other than through our currently available search functionalities offered via our website. You may not scrape, spider, use a robot, or any other automated means of any kind to access the Services.
- In any way use the Services to transmit altered, misleading, or false source-identifying information (such as sending email communications that falsely appear to be from Performlist); or interfere with or disrupt (or attempt to do so) the access of any user, host, or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mailbombing the platforms or services, or in any other way interfere with or impose an unreasonable burden on the Services.
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Subscriptions
- By subscribing to a Subscription Plan, you agree to the additional terms in this section.
- During your subscription with Performlist, we grant you a limited, non-exclusive, non-transferable license to use the services as described in the subscription
- Your subscription may include access to Premium Performlists. Access to these Premium Performlists can be claimed during the offer. Claimed Performlists will remain accessible in your account, even after the offer period expires. You have no right to claim access if the offer has expired, your subscription is suspended or expired, or your account is disabled.
- The subscription you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with others except with your teammates.
- We reserve the right to withdraw a license to use the content in our Subscription Plans at any time and at our discretion for legal or policy reasons.
- You can terminate your subscription from “My Account.” If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period.
- Upon cancellation, you are not entitled to a refund or credit of any fees already paid for your subscription unless otherwise required by applicable law.
- The subscription fees will be stated at the time of your purchase.
- We may also be required to add taxes to your subscription fees as described in previous sections.
- Payments are non-refundable, and there are no refunds or credits for partially used periods unless otherwise required by applicable law.
- To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees through the payment method we have on file for you.
- At the end of each subscription period, we will automatically renew your subscription for the same term and process your payment method for payment of the then-applicable fees.
- In the event that we cannot process your payment method through the payment method we have on file for you or if you file a chargeback request to dispute charges made with your payment method, and the chargeback request is granted, we may suspend or terminate your subscription.
- We reserve the right to change our Subscription Plans or adjust the pricing for our Services at our discretion. Any price changes or changes to your subscription will take effect after notice to you, unless otherwise required by applicable law.
- We do not guarantee that specific content will be available in a particular Subscription Plan or that there will be a minimum quantity of content available in a specific Subscription Plan.
- At any time in the future, we reserve the right to offer additional features or no longer offer them to any Subscription Plan, or otherwise modify or terminate a Subscription Plan at our discretion.
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Teams
- f you are using a subscription that includes sharing with a Team, it is possible to invite users to your team. The number of users that can be invited is specified in the Subscription.
- As the team leader, you have the authority to determine which content is shared with team members.
- A team member does not have permission to make changes to the Team or Team settings.
- A team member has access to shared content as long as this content is shared by the team leader.
- Team members can answer questions and view and potentially modify the answers of other team members.
- It is not recommended to work simultaneously on the same content. Maintaining good communication within the team is important to prevent confusion and conflicts.
- Team leaders have the ability to remove team members from the Team and invite new team members.
- It is not allowed to add team members with the sole purpose of sharing content for free, other than in a team or family setting.
- In cases where fraud is suspected, we reserve the right to suspend your account.
- eam leaders should ensure that team members adhere to the content access and usage guidelines outlined in the Terms of Service to maintain the integrity of the shared content.
- The team leader is responsible for monitoring and managing the team’s access to content, including removing any team members who violate the terms of use or misuse the shared resources.
- Users should respect the team leader’s decisions regarding content access and adhere to any specific content-sharing rules set by the team leader.
- Any disputes or issues related to team dynamics and content sharing should be resolved within the team, and Performlist is not responsible for mediating such disputes.
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Other Legal Provisions
- By registering, accessing, or using our Services, you agree to enter into a legally binding agreement with Performlist. If you do not agree to these Terms, do not register, do not access, or do not use any of our Services.
- If any part of these Terms is found to be invalid or unenforceable by applicable law, that provision shall be deemed replaced by a valid, enforceable provision that most closely aligns with the intent of the original provision, and the remaining provisions of these Terms shall remain in effect.
- Even if we delay or fail to exercise our rights in a particular case, it does not mean that we are waiving our rights under these Terms, and we may choose to enforce them in the future. If we choose to waive any of our rights in a particular instance, it does not mean that we are waiving our rights in general or in the future.
- There are inherent risks associated with using our Services, such as accessing health and wellness content and potentially injuring yourself. You fully accept these risks and agree not to seek compensation, even if you incur loss or damage from using our platform and Services. In legal and more detailed terms, to the extent permitted by law, we (and our affiliates, suppliers, partners, and agents) shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising from contract, warranty, tort, product liability, or otherwise, even if we have been advised of the possibility of such damages. Our liability to you or any third parties under any circumstances is limited to the highest amount you have paid us in the 12 months preceding the event giving rise to your claims. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
- If your behavior results in legal trouble for us, we may take legal action against you. You agree to indemnify, defend (if requested by us), and hold Performlist harmless from all claims, demands, losses, damages, or costs of third parties (including reasonable attorney’s fees) arising from: (a) the content you post or submit; (b) your use of the Services; (c) your breach of these Terms; or (d) your infringement of a third party’s rights. Your indemnification obligation remains in effect after the termination of these Terms and your use of the Services.
- No action, regardless of form, arising out of or related to this Agreement, may be brought by either party more than one year after the cause of action has accrued, except where this limitation cannot be imposed by law.
- Any notice or other communication required hereunder shall be in writing and shall be given by registered or certified mail with return receipt requested, or by email (by us to the email address associated with your account or by you to info@performlist.com).
- You and we agree that there is no joint venture, partnership, employment relationship, contractor, or agency relationship between us.
- These terms may be updated to clarify matters or add new services. Performlist reserves the right to modify and/or amend these Terms at its own discretion and at any time.
- If we make a material change, we will notify you through prominent means, such as by email sent to the email address provided in your account or by posting a notice via our Platform. Changes will be effective on the day they are posted, unless otherwise stated.
- By continuing to use our Services after the changes become effective, you agree to those changes. All revised Terms replace any previous Terms.
