Terms of Service
LAST UPDATED: August 29th, 2019
This End-User License Agreement (including the Supplemental Terms, as applicable) ("TERMS OF SERVICE" or “Agreement”) governs your use and access of DailyBurn.com (the "BodyFrame Site" or "Site"), and BodyFrame’s mobile and platform applications (collectively “Applications”). The Site and Applications are made available by BodyFrame, Inc.. based at 500 Marquette Ave Nw Suite 1217 Albuquerque New Mexico. If you are a resident elsewhere, then these terms are with BodyFrame, Inc.. Depending on your country of residence, the terms "BodyFrame", "we", "us" or "our" used in this terms if service refer to BodyFrame, Inc. provide digitally accessible fitness services and content. The Site and Applications, along with the fitness service and content made available therein are referred to herein as the "BodyFrame Service" or "Service". By registering as a member or by accessing or using the BodyFrame Service in any way, you accept this Agreement.
Prior to using the BodyFrame Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the BodyFrame Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us at email@example.com.
DISCLAIMERS, DO NOT ACCESS OR USE THE APPLICATIONS, SITE OR THE BODYFRAME SERVICE.
We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message or an email to the email address provided at registration, which notifies you of such changes, shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form.
Notice to consumers: depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this TERMS OF SERVICE and that are in addition to the terms of this TERMS OF SERVICE, and certain provisions of this TERMS OF SERVICE may be unenforceable as to you. To the extent that any term or condition of this TERMS OF SERVICE is unenforceable, the remainder of the TERMS OF SERVICE shall remain in full force and effect.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE BODYFRAME SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE BODYFRAME SERVICE IS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 3 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE. BODYFRAME SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE BODYFRAME SERVICE.
Who May Use the BodyFrame Service
Service and Membership
Professional Advice and Medical Disclaimer
Your Representations and Warranties as a Member
Limitation of Liability
Cancellation; Term; Account Deletion
Community Guidelines; User Content
Code of Conduct and Prohibited Activities
License to Use the BodyFrame Service
Third Party Links and Content
Copyright / DMCA Policy
EEA Resident Online Dispute Resolution
Notice to US Government End Users
Open Source Attribution
Apple App Store
1.Who May Use the BodyFrame Service
AGE REQUIREMENT: You must be at least 18 years old to use the BodyFrame Service. NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the BodyFrame Service. If your child is using the BodyFrame Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the BodyFrame Service, please contact
us at firstname.lastname@example.org.
Grant of License. Subject to your compliance with the terms and conditions of this Agreement, BodyFrame grants you a limited, non-exclusive, revocable, non-sublicensable, non- transferable license, to access and use the most current available versions of the Site, Applications and Service for your lawful, personal and non-commercial use.
Available Content. The Service and the content provided therein is available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Content is intended for informational purposes only and should not be considered medical or healthcare advice.
Membership. While you may enjoy certain content and features without registering with BodyFrame, to receive the full benefits some of our Services, you may be required to register as a member by providing a username, password, valid email address and valid credit card information. You must provide complete and accurate registration information to BodyFrame and notify us if your information changes. In creating a username, you may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
Non-commercial Use. Use of the Site and Service is for personal, non-commercial use only. You may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by BodyFrame. If you wish to inquire about possible commercial use, please contact us at email@example.com if you are a user of Window. BodyFrame may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others
have access to, you must log out of your account after using the BodyFrame Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
BodyFrame may change, modify, add, remove, suspend, cancel or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in BodyFrame’s sole discretion.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. DO NOT USE THE BODYFRAME SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, YOU SHOULD STOP IMMEDIATELY. THE BODYFRAME SERVICE OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE BODYFRAME SITE OR AVAILABLE THROUGH ANY BODYFRAME SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE BODYFRAME SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH- CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE
SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE BODYFRAME SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND BODYFRAME MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE BODYFRAME SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
4.Your Representations and Warranties as a Member
In using the BodyFrame Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the BodyFrame Service. You further affirm that you will not access the Service from within the European Economic Area.
BodyFrame provides the BodyFrame Service on an "as is" and "as available" basis. You therefore use the BodyFrame Service at your own risk.
BodyFrame expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, BodyFrame makes no representations or warranties:
That the BodyFrame Service, or any particular fitness or weight-loss program is suitable for you;
Regarding the adequacy or safety of the BodyFrame Service for any particular user;
That the BodyFrame Service will meet your personal needs;
That the BodyFrame Service will be permitted in your jurisdiction;
That the BodyFrame Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party's use of content that you submit;
That BodyFrame will continue to support any particular feature of the BodyFrame Service; or
Concerning sites and resources outside of the BodyFrame Service, even if linked to/from the BodyFrame Service.
BodyFrame reserves the right to modify the BodyFrame Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the BodyFrame Service. BodyFrame has no obligation to screen or monitor any content and does not guarantee that any content made available on the BodyFrame Service complies with this Agreement or is suitable for all users. BodyFrame shall not be responsible for loss or corruption
of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view BodyFrame content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the BodyFrame Service, and no warranties shall apply after such period.
6.Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall BodyFrame, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) BodyFrame’s, and its affiliates' total liability to you shall not exceed the amounts paid by you to BodyFrame over the twelve (12) months preceding your claim(s).IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SERVICE, SITE OR APPLICATIONS.
BodyFrame Coaching Service
The BodyFrame coaching service is intended solely as a general fitness informational means by which Members can communicate with BodyFrame trainer coaches. BODYFRAME DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.
If you encounter a BodyFrame coach who is providing expert advice in violation of these principles, please contact us immediately at email@example.com. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions
expressed through the BodyFrame Service as expert opinions or advice.
What information we may collect about you;
What we use that information for; and
When and with whom we share that information.
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, which may be gathered periodically to facilitate the provision of software updates, product support and other services related to the BodyFrame Service.
CONSENT TO EMAIL: When you sign up for certain of our Services using email, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
Auto-renewal and billing; Subscription Fees; Free Trial Terms.
Subscription. Unless you have selected a free version of a BodyFrame Mobile Application, the BodyFrame Services are paid, auto-renewing subscription services. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information unless your membership includes a free trial period.
Auto-Renewal. You are agreeing that upon expiration of the initial subscription period, your subscription will automatically renew for successive periods. You agree to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscriptions using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE BODYFRAME APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
For auto renewing subscriptions completed in our iOS mobile applications, the following terms apply:
Payment will be charged $49 per month or $399 annually.
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
You can cancel a free trial or subscription anytime. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
Free Trials. If you accepted an offer with a Free Trial for access to the BodyFrame Site, your BodyFrame membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your 14-day Free Trial, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at anytime in the first fourteen days (i.e., during the Free Trial period), you will not be charged.
Pricing and Special Offers. The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. Note: in these cases, our typical 30-day Free Trial will not apply. These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment. In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).
Add-On Services. We refer to any additional, paid subscription Service we offer beyond the BodyFrame Site and Applications as an “Add-On Service.” For example, our personalized Coaching service is an Add-On Service. Each Add-On Service is a separate subscription service and is subject to an additional monthly fee that automatically renews just like your regular subscription. F. Quarterly and Annual Subscriptions. We may offer Subscriptions to the BodyFrame Site or other Services for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. For users of the BodyFrame Site, you can always cancel before your next renewal term by logging into your account, and following the cancellation instructions below ("How to Cancel"). If you purchased a subscription to one of BodyFrame’s mobile applications through the Apple Store, you can cancel by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
Paused Subscriptions. If you use the BodyFrame site, in circumstances in which you elect to pause your subscription, your account will automatically reactivate following the time period that you specified at the time of pausing, and we will then automatically start to bill you again. You will be responsible for payment upon reactivation regardless of whether or not you receive a reminder notice regarding the expiration of your paused status. By electing to pause your subscription, you agree and authorize BodyFrame to bill your account starting at the expiration of your paused account status period.
Changes to DailyBurn.com Subscription Fees; BodyFrame may increase its subscription fee for the BodyFrame Site effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
9.Cancellation; Term and Termination; Account Deletion
HOW TO CANCEL.
If you are using the BodyFrame Service through the BodyFrame Site and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, contact firstname.lastname@example.org
If you are accessing the BodyFrame Service through an Application (including a mobile application), cancellation, uninstall and removal methods vary depending on your device or the marketplace through which you purchased or downloaded the Application. To uninstall and remove a BodyFrame mobile application, please use the application manager provided with your device or consult your device manual for reference. Additionally, if you purchased access or downloaded Applications through a third party marketplace, cancellation may be governed by such third party’s cancellation and payment policies. If you purchased your subscription through the Apple Store, you can cancel anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
TERM: This Agreement begins on the date you first use the BodyFrame Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the BodyFrame Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: BodyFrame may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if BodyFrame determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage BodyFrame’s reputation or goodwill. If BodyFrame deletes your account for the foregoing reasons, you may not re-register for the BodyFrame Service. BodyFrame may block your email address and Internet protocol address to prevent further registration. BodyFrame is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by BodyFrame will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. BodyFrame shall not be responsible for the loss of such content.
10.Community Guidelines; User Content
BodyFrame offers you the ability to submit or post User Content through certain of its Services, including through social features available within certain of our mobile applications, provided such submission or transmission of User Content is in strict compliance with these terms. For the purposes of this Agreement, “User Content” means video, images, text, comments, audio recordings and other content, that you upload, post or transmit (collectively “submit”) to the Service.
Guidelines. BodyFrame gives you the ability to submit User Content in order to create a community experience where our users can encourage, support and motivate one other. You agree to follow these guidelines when submitting User Content:
SUPPORT — For any support related questions or issues that require help beyond what we can offer in this Agreement, please contact our Customer Support team at email@example.com for the fastest response.
R-E-S-P-E-C-T — Please be respectful and courteous to the members of this group. FEEDBACK — We welcome constructive feedback (both positive and negative) on your BodyFrame experience and ask that you contact us directly at firstname.lastname@example.org so that we can be sure we hear your thoughts on our Service and strive to improve.
REPORTING POSTS — If you notice any User Content that you believe to be in violation of this Agreement, or spam, report it to the administrators at email@example.com.
Restrictions. You may not submit any User Content that: * Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); * Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); * Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; * Advocates harassment or intimidation of another person; * Exploits minors; * Depicts unlawful acts or extreme violence; * Contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian); * Depicts animal cruelty or extreme violence towards animals; or * Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
User Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, BodyFrame has the right (but not the obligation) to monitor your conduct and User Content submission on our Service and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, remove, disallow, block or delete any User Content. Under no circumstances will BodyFrame be liable for any of your User Content. You shall be solely responsible for any User Content submitted through your account.
We may access, preserve or disclose any of your information or User Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this Agreement; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of BodyFrame, its users, or members of the public or (v) to report a crime or other offensive behavior.
Objectionable Content. BodyFrame may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at BodyFrame’s sole discretion. "Objectionable Content" includes, but is not limited to: 1. User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous, 2. User Content that is hateful, or advocates hate crimes, harm or violence against a person or group, 3. User Content that may harm minors in any way; 4. User Content that has the goal or effect of "stalking" or otherwise harassing another 5. Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy; 6. User Content that is vulgar, offensive, obscene or pornographic, 7. Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8. Material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Social Features. BodyFrame may provide opportunities for you to submit User Content through social features on its Site or through its mobile applications. These are intended to be a community-based venue for BodyFrame users to chat, interact, motivate and support one another.
As between you and BodyFrame, you own all User Content that you submit to the BodyFrame Service, whether directly via the BodyFrame Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting User Content to BodyFrame, you are granting BodyFrame and its affiliates a worldwide, perpetual, irrevocable, non- exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your User Content.
You further grant all users of the BodyFrame Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to BodyFrame on improving or adding new features to the BodyFrame Service, BodyFrame shall have the right to use your suggestions without any compensation to you.
For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to BodyFrame and grant the licenses set forth above; (ii) BodyFrame will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.
11.Code of Conduct and Prohibited Activities
In using the BodyFrame Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
"Frame" or "mirror" any part of the Service or the Site;
Use meta tags or code or other devices containing any reference to BodyFrame, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of BodyFrame) to direct any person to any other website for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
Collect information about others;
Advertise or solicit others to purchase any product or service within the BodyFrame Site;
Promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Participate in any activity that in any way violates any law; or
Access or use the Site and Service (including any Add-on Service or application available through a mobile or set- top device) from the European Economic Area.
BodyFrame reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this Agreement, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service must comply with all applicable laws and regulations. You agree that BodyFrame may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
You agree to indemnify, defend, and hold harmless BodyFrame and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the BodyFrame Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to BodyFrame violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. BodyFrame reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BodyFrame in connection therewith.
13.License to Use the BodyFrame Service
LICENSE: BodyFrame grants you a limited, non-exclusive license to access and use the BodyFrame Service for your own personal, non-commercial purposes. This includes the right to view content available on the BodyFrame Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by BodyFrame in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the BodyFrame Service. Nor will you take any measures to interfere with or damage the BodyFrame Service. All rights not expressly granted by BodyFrame are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL
DEVICES: These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps).
Your use of the BodyFrame Service through any applications or device constitutes your agreement to be bound by these Terms.
Any BodyFrame application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console's app store, etc.) is licensed, not sold, to you for use only under these Terms. We, the licensor, BodyFrame, Inc.. (Application Provider) reserve all rights not expressly granted to you.
Accordingly, if you download the BodyFrame Application, you will be: * installing a software program on your product in the form of an application; * entering into this contract with BodyFrame, Inc.. governing your use of the application.
14.Third Party Links and Content
Certain links on the BodyFrame Sites and/or the BodyFrame Service may let you leave the particular BodyFrame Site or BodyFrame Service you are accessing in order to access a linked site (the "Linked Sites"). When you are linking to a third party site, it is important to know that BodyFrame does not control these sites, nor has BodyFrame reviewed or approved the content which appears on the linked sites. BodyFrame is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that BodyFrame shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the BodyFrame Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that BodyFrame shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge that the BodyFrame Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All BodyFrame-generated content and content developed for BodyFrame by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, BodyFrame owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the BodyFrame Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The BodyFrame name, logos and affiliated applications and technologies are the exclusive property of BodyFrame, Inc.. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
BodyFrame owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
16.Copyright / DMCA Policy
BodyFrame respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the BodyFrame Site do not infringe any third party copyright.
BodyFrame will promptly remove materials from the BodyFrame Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, BodyFrame may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information: 1. Your name, address, telephone number, and email address (if any). 2. A description of the copyrighted work that you claim has been infringed. 3. A description of where on the BodyFrame Site the material that you claim is infringing may be found, sufficient for BodyFrame to locate the material (e.g., the URL).
4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. 5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf. 6. Your electronic or physical signature.
You may submit this information via: 1. Email: firstname.lastname@example.org. 2. Offline: BodyFrame’s Copyright Agent (see contact information below)
Filing a DMCA Counter-notification to Restore Removed Content for BodyFrame Users If you believe that your material has been removed by mistake or misidentification, please provide BodyFrame with a written counter-notification containing the following information: 1. Your name, address, and telephone number. 2. A description of the material that was removed and the location on the BodyFrame Site (e.g., the URL) where it previously appeared. 3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. 4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which BodyFrame may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. 5. Your electronic or physical signature.
You may submit this information via: 1. Email: email@example.com 2. Offline: BodyFrame’s Copyright Agent (see contact information below)
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter- notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY
IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
BodyFrame may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
BodyFrame’s Copyright Agent You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to BodyFrame’s Copyright Agent:
BodyFrame, Inc.. 500 Marquette Ave NW Suite 1217 Albuquerque New Mexico 87102 Attn: Legal Dept. - Copyright Agent firstname.lastname@example.org
17.EEA Resident Online Dispute Resolution
If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: email@example.com, or if you are a user of Window, contact firstname.lastname@example.org .
The BodyFrame Site and Applications, like other consumer technologies, may not be 100% secure. By accepting this TERMS OF SERVICE you acknowledge and accept that the BodyFrame Service and any information you download or offer to share by means of an the BodyFrame Service, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage
resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that BodyFrame shall not be liable for any unauthorized access to your mobile device or the app data thereon.
The BodyFrame Service and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Applications. You agree to comply with these laws, restrictions and regulations when downloading or using the Applications.
20.Notice to U.S. Government End Users:
Any Applications installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
21.Open Source Attributions
22.Apple App Store
By accessing the BodyFrame Service through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
This TERMS OF SERVICE is between BodyFrame and you; Apple is not a party to this TERMS OF SERVICE.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non- transferable right to install the mobile applications on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
Apple is not responsible for the mobile applications or the content thereof and has no
obligation whatsoever to furnish any maintenance or support services with respect to the mobile applications.
In the event of any failure of the any mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any Application.
Apple is not responsible for addressing any claims by you or a third party relating to any
Application or your possession or use of an Application, including without limitation (a) product liability claims; (b) any claim that an Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that an Application or your possession and use of an Application infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of this TERMS OF SERVICE and upon your acceptance of the terms and conditions of this TERMS OF SERVICE, Apple will have the right (and will be deemed to have accepted the right) to enforce this TERMS OF SERVICE against you as a third party beneficiary hereof.
BodyFrame expressly authorizes use of the Mobile Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.
ARBITRATION AND GOVERNING LAW: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against BodyFrame in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against BodyFrame or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and BodyFrame or its affiliates (except for matters that may be taken to small- claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS
ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against BodyFrame (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and BodyFrame, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for
convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by BodyFrame in exercising any right hereunder will waive any further exercise of that right. BodyFrame’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement
is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without BodyFrame’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from BodyFrame electronically. BodyFrame may provide all such communications by email or by posting them on the BodyFrame Service. For support- related inquiries, you may send an email to email@example.com (or firstname.lastname@example.org, if you use Window Intermittent Fasting mobile application) or the following address:
500 Marquette Ave NW Suite 1217
Albuquerque, NM 87102
Nothing herein shall limit BodyFrame’s right to object to subpoenas, claims, or other demands. MODIFICATION: This Agreement may not be modified except by a revised TERMS OF SERVICE posted by BodyFrame on the BodyFrame Site or a written amendment signed by an authorized
representative of BodyFrame. A revised TERMS OF SERVICE will be effective as of the date it is posted through the BodyFrame Service.
This Agreement constitutes the entire understanding between BodyFrame and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.