Effective Date: June 25, 2018
- you use the Service at your sole risk, and you should consult with a physician or other health care professional before commencing use of the Service;
- the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- we provide the App to you on an “as is” basis without warranties of any kind and 7M Fitness’s liability to you is limited;
1. General Terms and Conditions
1.3 Jurisdictional Issues. The Service is controlled and operated by 7M Fitness. 7M Fitness makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
1.4 Eligibility. The service is not for persons under the age of 13 or for any users previously suspended or removed from the service by 7M Fitness. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By accessing or using the Service, you affirm that either you are at least 18 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
2. The Service.
2.1 Description. The Service provides you with the opportunity to take 7M Fitness classes (each, a “Class”) and receiving coaching from trainers solely for your personal use. Classes are available for a variety of skill levels, for a variety of activities, and for varying durations. Not all classes will be available in perpetuity and Classes are subject to change at any time with or without notice and without any liability to you.
2.2 Mobile Services. The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “ Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will 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 solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
3.1 Log-In Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download the App and register an account with us (an “Account”).
3.2 Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You may not share the credentials for your Account with any third party. You agree to notify 7M Fitness immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. 7M Fitness will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying 7M Fitness of such unauthorized use or loss of your credentials.
4. Intellectual Property Rights.
4.1 License. Subject to your complete and ongoing compliance with this Agreement, 7M Fitness hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use. 7M Fitness reserves all rights not expressly granted to you.
4.2 Content. Except for User Content, the content that 7M Fitness provides to end users on or through the Service, including without limitation, any Class (including the programming of such Class), text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by 7M Fitnessor its third party licensors (collectively, the “7M Fitness Content”). You may not copy, reproduce, upload, re-publish, broadcast, transmit, retransmit, Post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service without prior express written permission of the owner of such material or as permitted by the Service’s intended functionalities. Your use of 7M Fitness Content must be in compliance with applicable law. 7M Fitness reserves all rights on the part of its licensors; users are not permitted to infringe the rights of the copyright owners of the sound recordings included on the Service or any musical works embodied therein (collectively “Music”). Classes are offered for individual use only by a single user per Account and users are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Music used with any Classes. The unauthorized reproduction or distribution of the Music is expressly prohibited any may violated applicable law and subject you to liability for copyright infringement.
4.3 Marks. 7M Fitness trademarks, service marks, and logos (the “ 7M Fitness Trademarks”) used and displayed on the Service are 7M Fitness’s registered and unregistered trademarks or service marks. You may not use any Trademarks as part of a link to or from the Service without 7M Fitness’s prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any 7M Fitness Content. All goodwill generated from the use of any 7M Fitness Trademark will inure solely to 7M Fitness’s benefit.
5. User Content.
5.1 Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all 7M Fitness Content.
5.2 Screening User Content. 7M Fitness offers end users the ability to submit User Content to or transmit User Content through the Service. 7M Fitness does not pre-screen any User Content, but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. 7M Fitness does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will 7M Fitness be liable in any way for any User Content.
5.5 Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
6. Restrictions on Use of the Service.
7. External Sites. The Service may contain links to, or the ability to share information with, third party websites (“External Sites”). 7M Fitness does not endorse any External Sites or the content made available on such External Sites. 7M Fitness is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You agree that 7M Fitness will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
8. Feedback. While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments, and suggestions. If you choose to contribute by sending 7M Fitnessany ideas (“Feedback”), then regardless of what your accompanying communication may say, the following terms will apply. Accordingly, by sending Feedback to 7M Fitness, you agree that: a. 7M Fitness has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; b. Feedback is provided on a non-confidential basis, and 7M Fitness is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and c. You irrevocably grant 7M Fitness perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
9.1 Respect of Third Party Rights. 7M Fitness respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same.
9.2 Repeat Infringer Policy. 7M Fitness’s intellectual property policy is to (i) remove or disable access to material that 7M Fitness believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” 7M Fitness considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom 7M Fitness has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. 7M Fitness has discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon 7M Fitness’s own determination.
9.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes a intellectual property right you own or control, then please promptly send a “ Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by 7M Fitness with the user alleged to have infringed a right you own or control, and you hereby consent to 7M Fitness making such disclosure. Your communication must include substantially the following: i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; ii. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works; iii. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 7M Fitness to locate the material; iv. Information reasonably sufficient to permit 7M Fitness to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9.4 Designated Agent Contact Information. 7M Fitness’s designated agent for receipt of Notifications of Claimed Infringement (the “ Designated Agent”) can be contacted at:
Via E-mail: firstname.lastname@example.org
9.5 Counter Notification. If you receive a notification from 7M Fitnessthat material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide 7M Fitness with what is called a “ Counter Notification.” To be effective, a Counter Notification must be in writing, provided to 7M Fitness’s Designated Agent through one of the methods identified in Section 9.4 and include substantially the following information: i. A physical or electronic signature of the subscriber; ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which 7M Fitness may be found, and that the subscriber will accept service of process from the person who provided notification under Section 9.4 above or an agent of such person.
9.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to 7M Fitness in response to a Notification of Claimed Infringement, then 7M Fitness will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that 7M Fitness will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and 7M Fitness will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless 7M Fitness’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on 7M Fitness’s system or network.
9.7 False Notifications of Claimed Infringement or Counter Notifications . The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [7M Fitness] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).
7M Fitness reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
10. Dispute Resolution
10.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or 7M Fitness may commence an arbitration proceeding.
10.5 No Class Actions. YOU AND 7M FITNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 7M Fitness agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
10.7 Enforceability. If Section 10.6 above is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void.
12. Limitation of Liability and Disclaimer of Warranties.
12.1 7M FITNESS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “ 7M FITNESS PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE. THE 7M FITNESS PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO ANY USER, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
12.2 THE 7M FITNESS PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO 7M FITNESS PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
12.3 THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE 7M FITNESS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
12.4 IN NO EVENT WILL ANY 7M FITNESS PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH 7M FITNESS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7M FITNESS’S LIABILITY, AND THE LIABILITY OF ANY OTHER 7M FITNESS PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND U.S. $100.
13. Third Party Disputes.
13.1 To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the service, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release the 7M Fitness parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
18. Contact Us. You may contact us in connection with your use of the Service by mail at email@example.com.
19. Open Source Software. The App contains certain open source software. Each item of open source software is subject to its own applicable license terms.