Streaming Fit Terms of Service
LAST UPDATED: September 1, 2020
This End-User License Agreement (including the Supplemental Terms, as applicable) ("EULA" or "Agreement") governs your use and access of StreamingFit.com (the "Streaming Fit Site" or "Site"), and Streaming Fit's mobile and platform applications (collectively "Applications"). The Site and Applications are made available by and you are entering into this EULA with Streaming Fit, LLC. The terms "Streaming Fit", "we", "us" or "our" used in this EULA refer to Streaming Fit, LLC. Streaming Fit provides 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 "Streaming Fit Service" or "Service". Any Service purchased hereunder is purchased from Streaming Fit, LLC. By registering as a member or by accessing or using the Streaming Fit Service in any way, you accept this Agreement.
Prior to using the Streaming Fit 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 Streaming Fit 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.
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 EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
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 STREAMING FIT 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 STREAMING FIT 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. STREAMING FIT SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE STREAMING FIT SERVICE.
AGE REQUIREMENT: You must be at least 18 years old to use the Streaming Fit Service.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the Streaming Fit Service. If your child is using the Streaming Fit 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 Streaming Fit Service, please contact us at firstname.lastname@example.org.
A. Grant of License. Subject to your compliance with the terms and conditions of this Agreement,
Streaming Fit 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.
B. 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 notalways 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.
C. Membership. While you may enjoy certain content and features without registering with Streaming Fit, 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 Streaming Fit 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.
D. 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 Streaming Fit. If you wish to inquire about possible commercial use, please contact us at email@example.com. Streaming Fit may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
E. 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 Streaming Fit 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.
F. Streaming Fit 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 Streaming Fit'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 STREAMING FIT 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 STREAMING FIT SERVICE OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE STREAMING FIT SITE OR AVAILABLE THROUGH ANY STREAMING FIT 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 STREAMING FIT 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 STREAMING FIT SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND STREAMING FIT 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 STREAMING FIT SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In using the Streaming Fit 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 Streaming Fit Service. You further affirm that you will not access the Service from within the European Economic Area.
Streaming Fit provides the Streaming Fit Service on an "as is" and "as available" basis. You therefore use the Streaming Fit Service at your own risk.
Streaming Fit 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, Streaming Fit makes no representations or warranties:
Streaming Fit reserves the right to modify the Streaming Fit Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Streaming Fit Service. Streaming Fit has no obligation to screen or monitor any content and does not guarantee that any content made available on the Streaming Fit Service complies with this Agreement or is suitable for all users. Streaming Fit 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 Streaming Fit 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 Streaming Fit Service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) in no event shall Streaming Fit, 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) Streaming Fit's, and its affiliates' total liability to you shall not exceed the amounts paid by you to Streaming Fit 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.
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 Streaming Fit 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.
A. Subscription. Unless you have selected a free version of a Streaming Fit Mobile Application, the Streaming Fit 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.
B. 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 STREAMING FIT APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
C. Free Trials. If you accepted an offer with a Free Trial for access to the Streaming Fit Site, your Streaming Fit 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 Free Trial, you will begin to be billed automatically according to the billing cycle of your subscription 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 during the Free Trial period, you will not be charged.
D. 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. 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).
E. Add-On Services. We refer to any additional, paid subscription Service we offer beyond the Streaming Fit Site and Applications as an "Add-On Service." Each Add-On Service is a separate subscription service and is subject to an additional billing fee that automatically renews just like your regular subscription.
F. Quarterly and Annual Subscriptions. We may offer Subscriptions to the Streaming Fit 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 Streaming Fit Site, you can always cancel before your next renewal term by logging into your account and following the cancellation instructions below ("How to Cancel"). 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.
G. Paused Subscriptions. If you use the Streaming Fit 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 Streaming Fit to bill your account starting at the expiration of your paused account status period.
H. Changes to StreamingFit.com Subscription Fees. Streaming Fit may increase its subscription fee for the Streaming Fit 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.
Account credits may be awarded to incentivize certain behavior including, but not limited to, inviting others to join Streaming Fit and participating in third-party offers. You agree to that your participation in any third-party offer is optional. Account credits will be automatically applied to your next renewal payment and have no cash value. In the event your account is terminated, you will forfeit any outstanding account credits.
HOW TO CANCEL.
You may cancel your trial or opt out of your next renewal by phone by contacting our Membership Support Center at (888) 338-4993. You may not cancel your trial or opt out of your renewal by leaving a voicemail, email or through our live chat feature. To avoid the processing of a renewal payment, you must opt out at least two business days prior to your subscription renewal date. You may cancel a free trial during the free trial period and incur no charge. When cancelling a free trial or opting out of renewal, you may continue to use the subscription until the end of the current subscription or the free-trial period.
TERM: This Agreement begins on the date you first use the Daily Burn 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 Streaming Fit 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: Streaming Fit may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Streaming Fit determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Streaming Fit's reputation or goodwill. If Streaming Fit deletes your account for the foregoing reasons, you may not re-register for the Streaming Fit Service. Streaming Fit may block your email address and Internet protocol address to prevent further registration. Streaming Fit 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 Streaming Fit will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Streaming Fit shall not be responsible for the loss of such content.
Where offered, the money-back guarantee gives you 14 days after your first payment to request a refund if you are not satisfied with the service. You may request this refund for any reason within this 14-day window. This guarantee only applies to the first payment made under the guarantee and will not be applied to subsequent renewal payments. To request a refund under the terms of the money-back guarantee, please contact our Membership Support Center at (888) 338-4993. You may not request a refund by leaving a voicemail, email or through our live chat feature. Requesting a refund during the money-back guarantee may result in the immediate cancellation of your account.
Streaming Fit 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, app store reviews (including the public-facing user name as it
appears with the review), audio recordings and other content, that you upload, post or transmit (collectively
"submit") to the Service, any Streaming Fit social media page or by providing an app review through a
A. Guidelines. Streaming Fit 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.
RESPECT — Please be respectful and courteous to the members of this group.
FEEDBACK — We welcome constructive feedback (both positive and negative) on your Streaming Fit 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.
B. 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.
C. User Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, Streaming Fit 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 Streaming Fit 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 Streaming Fit, its users, or members of the public or (v) to report a crime or other offensive behavior.
D. Objectionable Content. Streaming Fit may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Streaming Fit'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.
E. Social Features. Streaming Fit 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 Streaming Fit users to chat, interact, motivate and support one another.
F. As between you and Streaming Fit, you own all User Content that you submit to the Streaming Fit Service, whether directly via the Streaming Fit Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting User Content to Streaming Fit or to Streaming Fit's social media pages or by providing an app review through a third party service, you are granting Streaming Fit 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, testimonials and app reviews) 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. If you prefer that we do not use your app reviews for promotional purposes, contact firstname.lastname@example.org.
G. You further grant all users of the Streaming Fit Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Streaming Fit on improving or adding new features to the Streaming Fit Service, Streaming Fit shall have the right to use your suggestions without any compensation to you. H. 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 Streaming Fit and grant the licenses set forth above; (ii) Streaming Fit 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.
In using the Streaming Fit Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
Streaming Fit 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 Streaming Fit may access, preserve and disclose your account information and Contentif 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 Streaming Fit 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 Streaming Fit Service; (ii) arise from your participation in any third-party offers, including those advertised on Streaming Fit; (iii) assert a violation by you of any term of this Agreement; or (iv) assert that any content you submitted to Streaming Fit violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Streaming Fit 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 Streaming Fit in connection therewith.
LICENSE: Streaming Fit grants you a limited, non-exclusive license to access and use the Streaming Fit
Service for your own personal, non-commercial purposes. This includes the right to view content available on the
Streaming Fit Service. This license is personal to you and may not be assigned or sublicensed to anyone
RESTRICTIONS: Except as expressly permitted by Streaming Fit in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Streaming Fit Service. Nor will you take any measures to interfere with or damage the Streaming Fit Service. All rights not expressly granted by Streaming Fit 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 Streaming Fit Service through any applications or device constitutes your agreement to be bound by these Terms.
Any Streaming Fit 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, Streaming Fit, Inc. (Application Provider) reserve all rights not expressly granted to you. Accordingly, if you download the Streaming Fit Application, you will be: * installing a software program on your product in the form of an application; * entering into this contract with Streaming Fit, Inc. governing your use of the application.
Certain links on the Streaming Fit Sites and/or the Streaming Fit Service may let you leave the particular Streaming Fit Site or Streaming Fit 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 Streaming Fit does not control these sites, nor has Streaming Fit reviewed or approved the content which appears on the linked sites. Streaming Fit 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 Streaming Fit 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 Streaming Fit 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 Streaming Fit 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 Streaming Fit 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 Streaming Fit-generated content and content developed for Streaming Fit by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Streaming Fit owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Streaming Fit 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 Streaming Fit name, logos and affiliated applications and technologies are the exclusive property of Streaming Fit, 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.
Streaming Fit 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.
Streaming Fit 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 Streaming Fit Site do not infringe any third party copyright.
The Streaming Fit Site and Applications, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Streaming Fit Service and any information you download or offer to share by means of an the Streaming Fit 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 Streaming Fit shall not be liable for any unauthorized access to your mobile device or the app data thereon.
The Streaming Fit 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.
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.
By accessing the Streaming Fit Service through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
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 Streaming Fit 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 Streaming Fit 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 Streaming Fit 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 Streaming Fit (except for small-claims court actions) may be commenced only in the federal or state courts located in Jefferson County, Alabama. 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 Streaming Fit, shall be governed by the laws of the state of Alabama 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 Streaming Fit in exercising any right hereunder will waive any further exercise of that right. Streaming Fit'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 Streaming Fit'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 Streaming Fit electronically. Streaming Fit may provide all such communications by email or by
posting them on the Streaming Fit Service. For support-related inquiries, you may send an email to
email@example.com or the following address:
ATTN: Streaming Fit
1401 Doug Baker Blvd
STE 107 - 533
Birmingham, AL 35242
Nothing herein shall limit Streaming Fit's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised EULA posted by Streaming Fit on the Streaming Fit Site or a written amendment signed by an authorized representative of Streaming Fit. A revised EULA will be effective as of the date it is posted through the Streaming Fit Service.
This Agreement constitutes the entire understanding between Streaming Fit and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.