LAST UPDATED: February 5th, 2020
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING ANY Smash Bod Platform APPLICATIONS, CONTENT OR WEBSITES. FTR Productions Inc. ("Smash Bod Platform," "we," or "us") provides digitally accessible fitness services and content. This End User License Agreement and Terms of Service (the "Agreement" or "Terms") is a binding contract between you, an individual user ("you") and Smash Bod Platform and governs your use and access of smashbod.com (the "Smash Bod Platform Site" or "Site") and related mobile applications ("Smash Bod Platform Mobile Apps"), desktop and platform applications (collectively "Applications"). The Site and Applications, along with the fitness service and content made available therein are referred to herein as the "Smash Bod Platform Service" or "Service"). By registering as a member or by accessing or using the Smash Bod Platform Service in any way, you accept this Agreement. You should also read and understand the Smash Bod Platform Privacy Policy, which is incorporated by reference into and made a part of this Agreement. This Agreement also includes any additional payment terms and other requirements set forth on the download or purchase page of marketplaces through which you may purchase or download Applications or access the Service. These marketplaces may have additional terms, conditions and usage rules that govern your access to and use of the Applications and/or the Smash Bod Platform Service.
Prior to using the Smash Bod Platform 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 Smash Bod Platform 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 support@smashbod.com.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT ACCESS OR USE THE APPLICATIONS, SITE OR THE SMASH BOD PLATFORM SERVICE.
We may adjust 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 in a reasonable time frame. 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 those 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.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SMASH BOD PLATFORM 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 SMASH BOD PLATFORM SERVICE IS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.SMASH BOD PLATFORM SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SMASH BOD PLATFORM SERVICE.
1. Who May Use the Smash Bod Platform Service
2. Service and Membership
3. Professional Advice and Medical Disclaimer
4. Your Representations and Warranties as a Member
5. General Disclaimers
6. Limitation of Liability
7. Privacy
8. Payments
9. Cancellation; Term; Account Deletion
10. Community Guidelines; User Content
11. Code of Conduct and Prohibited Activities
12. Indemnification
13. License to Use the Smash Bod Platform Service
14. Third Party Links and Content
15. Intellectual Property
16. Copyright / DMCA Policy
17. General Provisions
HIIT Application Open-Source Mobile Attribution
AGE REQUIREMENT: You must be at least 18 years old to use the Smash Bod Platform Service.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the Smash Bod Platform Service. If your child is using the Smash Bod Platform Service without your express consent and is under 18, please contact us immediately so that we can disable the access to that account. If you have questions about the Smash Bod Platform, please contact us at support@smashbod.com.
A. Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Smash Bod Platform 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 workouts, and for varying durations of time. Content may not always be available and is subject to change at any time without notice and without any liability to you.
C. Membership. While you may enjoy certain content and features without registering with Smash Bod Platform, to receive the full benefits of the Service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Smash Bod Platform and notify us if your information changes. In creating a user name, you may not use someone else's name, a name that violates any third party right, or a name that is obscene, derogatory or otherwise questionable.
D. Non-commercial Use. Use of the Site and Service is for personal, non-commercial use only. Members 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 use. 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 Content or the Site for any purpose unless expressly authorized by Smash Bod Platform. If you wish to inquire about commercial use, please contact us at support@smashbod.com. Smash Bod Platform 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 with your account, including any activity by unauthorized users. You should 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 Smash Bod Platform Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at support@smashbod.com.
F. Smash Bod Platform may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Smash Bod Platform's sole discretion.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS 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, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE SMASH BOD PLATFORM 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, YOU SHOULD STOP IMMEDIATELY.
THE SMASH BOD PLATFORM SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SMASH BOD PLATFORM SITE OR AVAILABLE THROUGH ANY SMASH BOD PLATFORM SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL PROFESSIONAL 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 SMASH BOD PLATFORM 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 LOCAL HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE SMASH BOD PLATFORM SITE IS CONTINUALLY UNDER DEVELOPMENT AND SMASH BOD PLATFORM 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 SMASH BOD PLATFORM SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
BY USING SMASHBOD AND ALL ITS SERVICES AND CONTENT, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICES OF THE AGREEMENT INCLUDING LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS, PRIVACY POLICY AND LEGAL DISCLAIMERS AND GENERAL HEALTH DISCLAIMERS. IF YOU DO NOT AGREE PLEASE DO NOT USE SMASHBOD SERVICES OR SITE.
Smashbod.com and all channels in the network retain the right to update, modify, and alter this agreement. If the alterations affect your rights and or obligations we will by a reasonable means make notify you. You agree that your email provided at registration or an in service message constitute reasonable notification.Such notifications are in electronic form. If you do not agree with this amendment immediately stop using this service.
Smashbod.com and it's associated parties provide digital products "as is", "as available" basis rendering no retroactive obligations in part of Smashbod.com and it's affiliated parties. Affiliated Parties in the context of this section and document can be defined as Channels, Content Creators, Coaches, Endorsees, Social Media Personalities, Advertisers, Affiliates, and Workout Programs. Thus, by proceeding to the use of Smashbod.com will render Smashbod.com and it's Affiliated Parties null to the fullest accountability of law to warranties of any kind, whether expressed or implied, including, but not limited to the implied warranty of merchantability, fitness for a particular purpose/goal, non-infringement, and any other claim of warranty that could arise. Smashbod.com and it's Affiliated Parties does not warranty or make representation
Furthermore, Smashbod.com and it's Affiliated Parties reserve the right to cancel and/or modify purchased and non-purchased publications. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Smashbod.com. Smashbod.com has no obligation to screen or monitor any content and does not guarantee that any content made available on Smashbod.com domain complies with this Agreement or is suitable for all users. Smashbod.com 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 Smashbod.com 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 Smashbod.com, and no warranties shall apply after such period.
In becoming a Member of Smash Bod Platform with the intent of using the Smash Bod Platform Service, you confirm 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, including without limitation pregnancy; or (B) your physician has approved of your use of the Smash Bod Platform Service.
Smash Bod Platform provides the Smash Bod Platform Service on an "as is" and "as available" basis. You therefore use the Smash Bod Platform Service at your own risk.
Smash Bod Platform 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, Smash Bod Platform makes no representations or warranties:
Smash Bod Platform reserves the right to modify the Smash Bod Platform Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to use the Smash Bod Platform Service. Smash Bod Platform has no obligation to screen or monitor any content and does not guarantee that any content made available on the Smash Bod Platform Service complies with this Agreement or is suitable for all users. Smash Bod Platform 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 Smash Bod Platform 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 Smash Bod Platform Service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) in no event shall Smash Bod Platform, 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, pain and suffering, emotional distress, loss of profits, loss of future earnings, use, and/or any other damages or other intangible losses; and (ii) Smash Bod Platform's, and its affiliates' total liability to you shall not exceed the amounts paid by you to Smash Bod Platform 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.
Smash Bod Platform Coaching Service
The Smash Bod Platform workout service is intended solely as a general fitness informational means by which Members can communicate with Smash Bod Platform trainer coaches. Smash Bod Platform DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.
Smash Bod Platform takes care to instruct its coaches never, under any circumstance, to provide advice that could be construed as professional medical advice, and we in no way encourage or endorse such behavior from our coaches.
If you encounter a Smash Bod Platform coach who is providing expert advice in violation of these principles, please contact us immediately at support@smashbod.com. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through the Smash Bod Platform Service as professional medical opinions or advice.
At Smash Bod ("Smash Bod"), we respect the privacy of our users and the importance of the information they entrust to us. With this in mind, we provide you this privacy policy (the "Policy") to help you understand the kinds of information we may gather about you when you visit the Site or use any of our Services, how we may use and disclose the information, and how you can control, correct and/or update the information. By visiting the Smash Bod website or using Smash Bod's mobile applications or services, you are accepting the policies and practices described in this Policy. Each time you visit the Smash Bod website or mobile applications or use the Smash Bod services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.
THE SMASHBOD.COM PRIVACY POLICY WAS LAST UPDATED ON: February 4th, 2020.
We may collect information that can identify you ("personal information"), such as your name, email address, age, weight, personal fitness profile, and comments, photographs, video submissions or likeness when you provide it to us when using our website (e.g., by creating a user login on our site), or in some other manner, e.g., by posting or submitting it to our website or mobile applications social features, to social websites such as Facebook using our website or mobile application or directly to our Facebook page. We may also collect information from (i) from our business partners, and (ii) from other third parties as we further describe in this Policy. In addition to this information, we may also automatically collect information from your Facebook friends when they reply to Facebook comments you have uploaded to our site (e.g., their name, comment and photo). We may combine the personal information that we receive from different sources.
We also may collect other types of information in the following ways when you visit our Smash Bod website:
We do not knowingly collect personal information from children under the age of 13. Should we ever do so, we will comply with the Children's Online Privacy Protection Act.
We may use your information to:
We will not share your personal information with others except as indicated below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:
You may choose:
We take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.
The Smash Bod website may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We strongly encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by us through the Smash Bod website or services and does not apply to these third-party websites. The ability to access information of third parties from the Smash Bod website or services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations, or their content.
Under the California Shine The Light law, California residents have the right to request from us a list of all third parties to which we have disclosed personal information during the preceding year for direct marketing purposes. We do not currently engage in the type of sharing covered by that law and so no such list exists. For questions about this policy, please contact us at support@smashbod.com. We do not obey Do Not Track signals from a user's Internet browser. We make no representations concerning third parties that do not collect personal information directly through the Website. These disclosures are made under Cal. Bus. & Prof. Code § 22575.
Smash Bod reserves the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you notice through contact information we have on file for you. Your continued use of the Smash Bod website or services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to bookmark this Web page and review this Policy regularly.
If you have any questions about this Policy, or our information practices, please contact us by email:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
We may allow third-parties, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect from you. The collection and use of that information is subject to the third-party's privacy policy. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
We retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active or as needed to provide the services to you. We know that our customers lead busy active lives and sometimes may need to turn off our service for a while and then join back at a later time. For your convenience we may retain your profile information so that you can be up and running quickly when you are ready to return. Unless you have opted out, we may continue to keep you on our email list to make you aware of improvements to our features and special offers. You can opt-out of those emails at any time. We will also retain and use your information to the extent necessary:
Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.
CONSENT TO EMAIL: When you become a Member, 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 Smash Bod Platform Mobile App, the Smash Bod Platform Service is a paid, auto-renewing subscription service. 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 and fees. 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.
C. Free Trials. If you accepted an offer with a Free Trial, your Smash Bod Platform 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 30-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 thirty days (i.e., during the Free Trial period), you will not be charged.
D. Pricing and Special Offers. The pricing of our Services may change 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).
E. Add-On Services. We refer to any additional, paid subscription Service we offer beyond a standard Membership as an "Add-On Service." For example, our personalized Coaching service, or any other Service we may offer to you which provides access to special or additional Content beyond your standard Membership, 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 Membership. Before agreeing to an Add-On Service, you will be prompted with i) the type of Service being offered (e.g. Coaching); and ii) the monthly, recurring cost for such Add-On Service. Note: if You purchase an Add-On Service, You are agreeing to an additional monthly automatic (recurring) billing subscription, and agree to pay the charges made to your account in connection therewith, as disclosed at the time You accept the Add-On Service. Your Add-On Service subscription, just like Your standard Membership subscription, will continue indefinitely until cancelled by You. Add-On Services are billed on the same day as Your regular Membership, in one combined payment. You can cancel at any time by following the instructions below ("How to Cancel"). Note that Your Add-On Service subscription is separate from your regular Membership, although we will combine the charges each month when we bill You. You can cancel one or both at any time, but canceling your regular Membership will automatically cancel your Add-On Service. Your Add-On Service Free Trial period lasts only as long as your original (initial) Free Trial offer is in effect, which means that if you do not sign up for the Add-On Service on the same day you initially signed up for your 30-day Free Trial membership, your Add-On free trial will only remain in effect for the remainder of your initial Free Trial period. So, for example, if you signed up for your Free Trial membership on the 1st of the month, and signed up for your Add-On Service on the 16th, your free Add-On trial period would only last for approximately two weeks through the 30th of that same month (the same duration as your initial Free Trial membership). Sorry, once your 30-day Free Trial membership has expired, you can no longer sign up for a free Add-On Service trial. In other words, any new Add-On Service added after the expiration of your original Free Trial membership will begin to be billed immediately, pro rated for the number of days in the month remaining, and will not be eligible for a Free Trial.
F. Quarterly and Annual Subscriptions. In certain circumstances, we will offer Subscriptions 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. You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions below ("How to Cancel").
G. Paused Subscriptions. 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 Smash Bod Platform to bill your account starting at the expiration of your paused account status period.
H. Authorization for Automatic Recurring Charges. When you sign up for our Service and provide a payment method to Smash Bod Platform or a third party Application, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service. 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 Smash Bod Platform APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 9 BELOW OR IT IS OTHERWISE TERMINATED.
Service Add-Ons- Auto Billing; Coaching; Subscription Fees; Free Trial; and Cancellation Changes. Smash Bod Platform may increase its fees for any subscription 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.
HOW TO CANCEL If you are using the Smash Bod Platform Service through the Smash Bod Platform Site, smashbod.com and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your account, and visit the Smashbod Support Page.
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 Smash Bod Platform 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: Smash Bod Platform may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Smash Bod Platform determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Smash Bod Platform's reputation or goodwill. If Smash Bod Platform deletes your account for the foregoing reasons, you may not re-register for the Smash Bod Platform Service. Smash Bod Platform may block your email address and Internet protocol address to prevent further registration. Smash Bod Platform 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 Smash Bod Platform will terminate. Sections 4-5, 9, and 12-18 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Smash Bod Platform shall not be responsible for the loss of such content.
Smash Bod Platform offers you the ability to submit or post User Content through the Service, including through social features available within 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.
A. Guidelines. Smash Bod Platform 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 support@smashbod.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 Smash Bod Platform experience and ask that you contact us directly at support@smashbod.com 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 support@smashbod.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, Smash Bod Platform 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 Smash Bod Platform 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 Smash Bod Platform, its users, or members of the public or (v) to report a crime or other offensive behavior.
D. Objectionable Content. Smash Bod Platform may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Smash Bod Platform'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. Smash Bod Platform 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 Smash Bod Platform users to chat, interact, motivate and support one another.
F. As between you and Smash Bod Platform, you own all User Content that you submit to the Smash Bod Platform Service, whether directly via the Smash Bod Platform Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting User Content to Smash Bod Platform, you are granting Smash Bod Platform 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.
G. You further grant all users of the Smash Bod Platform Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Smash Bod Platform on improving or adding new features to the Smash Bod Platform Service, Smash Bod Platform 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 Smash Bod Platform and grant the licenses set forth above; (ii) Smash Bod Platform 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 Smash Bod Platform Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
Smash Bod Platform 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 Smash Bod Platform 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 Smash Bod Platform 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 Smash Bod Platform Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Smash Bod Platform violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Smash Bod Platform 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 Smash Bod Platform in connection therewith.
LICENSE: Smash Bod Platform grants you a limited, non-exclusive license to access and use the Smash Bod Platform Service for your own personal, non-commercial purposes. This includes the right to view content available on the Smash Bod Platform Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Smash Bod Platform in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Smash Bod Platform Service. Nor will you take any measures to interfere with or damage the Smash Bod Platform Service. All rights not expressly granted by Smash Bod Platform 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 Smash Bod Platform Service through any applications or device constitutes your agreement to be bound by these Terms.
Any Smash Bod Platform 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,FTR Productions Inc. (Application Provider) reserve all rights not expressly granted to You.
Accordingly, if you download the Smash Bod Platform Application, you will be: * installing a software program on your product in the form of an application; * entering into this contract with FTR Productions Inc. governing your use of the application.
Certain links on the Smash Bod Platform Sites and/or the Smash Bod Platform Service may let you leave the particular Smash Bod Platform Site or Smash Bod Platform 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 Smash Bod Platform does not control these sites, nor has Smash Bod Platform reviewed or approved the content which appears on the linked sites. Smash Bod Platform 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 Smash Bod Platform 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 Smash Bod Platform 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 Smash Bod Platform 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 Smash Bod Platform 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 Smash Bod Platform-generated content and content developed for Smash Bod Platform by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Smash Bod Platform owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Smash Bod Platform 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 Smash Bod Platform name, logos and affiliated applications and technologies are the exclusive property of FTR Productions 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.
Smash Bod Platform 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.
Smash Bod Platform 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 Smash Bod Platform Site do not infringe any third party copyright.
Smash Bod Platform will promptly remove materials from the Smash Bod Platform Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Smash Bod Platform 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 Smash Bod Platform Site the material that you claim is infringing may be found, sufficient for Smash Bod Platform 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: support@smashbod.com. 2. Offline: Smash Bod Platform's FTR Productions Inc. Agent (see contact information below)
Filing a DMCA Counter-notification to Restore Removed Content for Smash Bod Platform Users If you believe that your material has been removed by mistake or misidentification, please provide Smash Bod Platform 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 Smash Bod Platform 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 Smash Bod Platform 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: support@smashbod.com
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.
Smash Bod Platform 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.