Thank you for choosing BodyselfieTV. By signing up, subscribing, or otherwise using the BodyselfieTV service, website, workouts, and software applications (the “Service”), or otherwise accessing any content or material that is available through or compatible with the Service (the “Content”), you are entering a binding contract with BodySelfie Media Inc. (“BMI”). Through BodyselfieTV, BMI provides on-demand exercise instruction in the form of workouts and movement sequences taught by qualified instructors. All videos, workouts, workshops, sequences, instructions and images are the sole property of BMI. Your access to this Content is limited by, and subject to, the terms of your Paid Subscription.
Your contract with us includes our TERMS AND CONDITIONS OF SERVICE and our PRIVACY POLICY, as well as any additional terms you agree to, as stated in the ENTIRE AGREEMENT section below (the “Agreements”). You acknowledge that you have read and understood the Agreements, that you accept the Agreements, and that you agree to be bound by the Agreements. If you do not agree with or cannot comply with the Agreements, then you may not use the BodyselfieTV Service or consume any BodyselfieTV Content. We may, at our discretion, make changes to the Agreements. When we make material changes, we will provide you with notice. In some cases, we may notify you in advance, and your continued use of the Service will constitute acceptance of the changes. If you do not wish to continue using the Service under the new terms, you may terminate the Agreements by contacting our Customer Service at the contact information provided below.
In order to use the BodyselfieTV Service and access the Content, you must be 18 or older, or be 13 or older and have your parent’s or guardian’s consent to the Agreements. You must also have the power to enter a binding contract with us, and be residing in a country where the Service is available. You also promise that any registration information you submit to BMI or BodyselfieTV is true, accurate and complete.
PAID SUBSCRIPTIONS
The BodyselfieTV Services are accessed through a Paid Subscription, which is billed on a recurring monthly basis. Billing for each Paid Subscription may be handled by third party providers with whom we contract for this purpose. By providing your payment information in connection with your Paid Subscription, you agree to allow encryption and storage of your payment information by BMI or its contracted third party providers. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Subscription or terminate your BodyselfieTV account before the end of the recurring monthly period. Paid Subscriptions cannot be terminated before the end of the period for which you have already paid, and except as provided in these Terms. BMI will not refund any fees that you have already paid.
If you have purchased or received a code, gift card, or other offer provided or sold by or on behalf of BMI or BodyselfieTV, separate Terms and conditions may apply.
TRIALS OF PAID SUBSCRIPTIONS
From time to time, we or others on our behalf may offer limited time Trials of Paid Subscriptions without payment or at a reduced rate. BMI reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or modify a Trial at any time without prior notice, and with no liability, to the greatest extent permitted by law.
For most Trials, we will require you to provide your payment details prior to the beginning of the Trial period. At the end of such trials, we may automatically begin to charge you for the applicable Paid Subscription rate on the first day following the end of the trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge using the payment details you provided. If you do not want this charge, you must cancel the Paid Subscription before the end of the Trial or terminate your BodyselfieTV account before the end of the Trial.
USER LICENSE
The BodySelfieTV Service and Content are the sole and exclusive property of BMI. We grant you a limited, non-exclusive, revocable license to make use of the Service and access the Content, only for personal, non-commercial, entertainment purposes (the “License”). This License shall remain in effect until and unless you or BMI terminate it. You promise and agree that you are using the Content only for your own personal, non-commercial entertainment use, and that you will not redistribute, copy or transfer the Service or the Content.
The BodyselfieTV software applications and the Content are licensed, not sold, to you. BodySelfieTV, BMI, and their licensors retain ownership of all copies of the BodyselfieTV software applications and Content even after installation on your personal computers, mobile devices, phones, tablets, or other devices. Any third-party software included in the BodyselfieTV Service is licensed to you only under the Agreements or the relevant third-party software’s license terms.
All BodyselfieTV trademarks, service marks, logos, domain names and other features of the BodySelfie brand (the “Features”) are the sole and exclusive property of BMI. The Agreements do not grant you any rights to use the Features for commercial or non-commercial purposes. You agree to abide by our User Guidelines and not to use the BodyselfieTV Service or Content in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, BMI grants no right, title or interest to you in the BodyselfieTV Service or Content.
THIRD PARTY APPLICATIONS
The BodyselfieTV Service is integrated with third party applications, websites and services (the “Third Party Applications”) in order to make certain content, products or services available to you. For example, the BodyselfieTV software allows you to select the Instructor Playlist in connection with certain BodyselfieTV Content. These Third Party Applications may have their own terms and conditions or use and privacy policies. Your use of these Third Party Applications will be governed by and subject to those terms and conditions and privacy policies. By selecting the Instructor Playlist, you accept and agree to the terms and conditions of the relevant Third Party Applications. You understand and agree that BodyselfieTV is not responsible or liable for the behavior, features or content of any Third Party Application or for any transaction you may enter into with the provider of a Third Party Application.
USER-GENERATED CONTENT
BodyselfieTV users may post, upload, and otherwise contribute content to the Service (for example, pictures, text, messages, preferences, and other information) (“User Content”). User Content includes any content you or other users upload or post to the BodyselfieTV website or through the BodyselfieTV software application, as well as any other part of the BodyselfieTV Service.
With respect to any User Content you post through the BodyselfieTV website or software application, you promise that (1) you have the right to upload or post that User Content and (2) such User Content or its use by BMI or BodyselfieTV does not violate the Agreements, applicable law, or the intellectual property rights, publicity, personality or other rights or others, or imply any affiliation with or endorsement of you or your User Content by any entity or individual without express written consent from such entity or individual.
BMI may, but is not obligated to, monitor, review, or edit User Content. BMI reserves the right to remove or disable access to any User Content for any reason or no reason, including but not limited to, User Content that BMI, at its sole discretion, determines to violate the Agreements. BMI may take these actions without prior notification to you or any third party. Removal or disabling of User Content access is at BMI’s sole discretion, and BMI does not promise to remove or disable access to any specific User Content.
If you provide feedback, ideas or suggestions to BMI in connection with the BodyselfieTV Service or Content, you acknowledge that such feedback is not confidential and you authorize BMI to use that feedback without restriction and without payment to you. Such feedback is considered to constitute User Content.
You are solely responsible for all User Content that you post. BMI is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that, if anyone brings a claim against BMI related to User Content that you post, to the extent permissible under local law, you will indemnify and hold BMI harmless from and against all damages, losses and expenses of any kind arising out of such claim, including reasonable attorney fees and costs. You agree that all information provided by you to BMI, including but not limited to User Content, your username, and other information, may be shared or made available publicly or to third parties by BMI.
If BMI is notified by a copyright holder that any User Content infringes a copyright, BMI may in its absolute discretion take actions without prior notification to the provider of the User Content. If the provider believes that the User Content is not infringing, the provider may submit a counter-notification to BMI with a request to restore the removed User Content.
TERMS OF SERVICE
In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the BodyselfieTV Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service; (2) provide advertising and other information to you; and (3) allow our business partners to do the same. In any part of the BodyselfieTV Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to BMI in connection with the BodyselfieTV software may contain advertising as part of the Content. In such cases, BMI will make such Content available to you unmodified.
You grant BMI a non-excusive, transferable, sub0icensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully-paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute any of your User Content, in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in User Content generated by you. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content and your right to object to derogatory treatment of such User Content.
BMI does not permit, for any reason whatsoever, copying, reproducing, redistributing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting or otherwise making available to the public any part of the BodyselfieTV Service or Content, or otherwise making any use of the BodyselfieTV Service or Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights in the BodyselfieTV Service or Content or any part thereof.
BMI expressly prohibits:
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the BodyselfieTV Service or Content or any part thereof;
- circumventing any technology used by BMI or any third party to protect the Content or the BodyselfieTV Service;
- selling, renting, sublicensing or leasing of any part of the BodyselfieTV Service or the Content; circumventing any territorial restrictions applied by BMI;
- removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the BodyselfieTV Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- using any automated means, including bots, scrapers, crawlers, and spiders, to collect information from BodyselfieTV;
- selling a user account or password, or otherwise accepting any compensation, financial or otherwise, to influence the name on an account or the content included on an account;
- posting offensive, abusive, defamatory, pornographic, threatening, or obscene User Content, including your username or password;
- any illegal act, or intent to commit or promote an illegal act o any kind, including but not limited to violations of intellectual property rights, privacy rights or proprietary rights of BMI or a third party;
- introducing any malicious content such as malware, Trojans or viruses, other otherwise attempting to interfere with any user’s access to the Service or the Content;
- linking to, referencing, or otherwise promoting commercial product or service, except as expressly authorized by BMI;
- interfering with or an any way disrupting the BodyselfieTV Service, tampering with, breaching, or attempting to probe, scan or test for vulnerabilities in the Service or BMI’s servers, computer systems, networks, usage rules or any of BMI’s security components, authentication measure or any other protection measure applicable to the Service, the Content or any part thereof; or
- in any way conflicting with the Agreements as determined by BMI.
You acknowledge and agree that any of the above activities, or any other behavior that conflicts with the Agreements, may result in immediate termination or suspension of your BodyselfieTV account, without notice. BMI may reclaim your username for any reason.
PASSWORDS
Your password protects your user account and you are solely responsible for keeping your password confidential and secure. You accept responsibility for all use of your username and password on the BodyselfieTV Service If you username or password is lost or stolen or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible. BMI is not responsible for any liability arising from unauthorized access to your account by third parties, or unauthorized use of your username and password by third parties.
SERVICE LIMITATIONS
BMI will make reasonable efforts to keep the BodyselfieTV Service and software applications operational. However, certain technical difficulties or other circumstances that are not within the control of BMI or its agents, may result in temporary interruptions in Service from time to time. TO the extent permissible under applicable law, BMI reserves the right to periodically and at any time, modify or discontinue, temporarily or permanently, any functions or feature of the Service, with or without notice, without any liability to you, except where prohibited by law, for any interruption, modification or discontinuation of the BodyselfieTV Service or any function or feature thereof. You understand, accept and agree that BMI has no obligation to maintain, support, upgrade or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. BMI may, from time to time, remove any Content without notice to the extent permitted by applicable law.
CUSTOMER SUPPORT
For customer support with account-related and payment-related questions, please submit a ticket to our customer service department using the Customer Service Contact Us form on the Contact Us section of our website. We will use reasonable efforts to respond to all such inquiries within a reasonable time frame. BMI does not guarantee or promise to respond to any such customer support inquiries within any particular time frame, nor to answer satisfactorily all such inquiries.
PAYMENTS & CANCELLATIONS
Paid Subscriptions can be purchased by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the BodyselfieTV Service for a specified, limited period of time. If you have purchase a Paid Subscription using a discount code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription, Trial Subscription or pre-payment discount code, you consent to access BodyselfieTV Service and Content immediately. If you reside outside the United States and register for a Paid Subscription, Trial Subscription or pre-payment discount code, you may change your mind for any reason and receive a full refund of all monies paid within fourteen (14) days of your request. Refunds will not, however, be provided if you access BodyselfieTV at any time during that fourteen (14) day period.
All Paid Subscriptions and Trial Subscriptions will automatically renew at the end of the subscription period. For Trial Subscriptions, upon the end of the trial period, payment will automatically be billed to the payment information provided at the beginning of the Trial Subscription.
BodyselfieTV may change the price for a Paid Subscription from time to time, and will communicate any price changes to you using the contact information you have provided when registering your BodySelfieTV account. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the BodyselfieTV Service or access the Content after the price change takes effect. If you do not wish to accept the price changes, you may reject the change by unsubscribing from the BodyselfieTV Service before the price change takes effect.
TERMINATION
The Agreements will continue to apply to you until terminated by you or by BMI. You acknowledge and agree that the perpetual license granted by you in relation to User Content is irrevocable and will continue after expiration or termination of any of the Agreements for any reason. BMI may terminate the Agreements or suspend your access to the BodyselfieTV Service at any time, including in the event of your actual or suspected unauthorized use of the BodyselfieTV Service or Content, or non-compliance with the Agreements. If you or BMI terminate the Agreements, or if BMI suspends your access to the BodyselfieTV Service, you agree that BMI shall have no liability or responsibility to you. BMI will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your BodyselfieTV account, please contact us through the Customer Service Contact Us form which is available on our Contact Us page.
This section will be enforced to the maximum extent permissible by applicable law. You may terminate the Agreements at any time in accordance with the terms of your Paid Subscription or Trial Subscription, as stated above. Any sections of this Agreement that, either expressly or by their nature, must remain in effect after the termination of the Agreements, shall survive termination.
DISCLAIMER AND WARRANTY
The BodyselfieTV Service and Content are provided “as is” and “as available” without express or implied warranty or condition of any kind. Your use of the BodyselfieTV Service is at your own risk, to the fullest extent permitted by applicable law. BMI and all owners of the Content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
By using the BodyselfieTV Service and Content, you expressly release BMI from any liability for physical harm or other injury alleged to be related to your use of the BodyselfieTV Service and Content, including User Content posted by other BodyselfieTV users.
Neither BMI nor any owner of Content, including User Content, warrant that the BodyselfieTVService is free of malware or other harmful components. BMI makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications or the content thereof, User Content, or any other product or service advertised or offered by a third-party on or through the BodyselfieTV Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that BMI is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or available through the BodyselfieTV Service or website. No advice or information whether oral or in writing obtained by you from BMI shall create any warranty on behalf of BMI in this regard. Some provisions of this section may not apply in certain jurisdictions if prohibited by applicable law. This does not affect your statutory rights as a consumer.
REMEDIES; LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the BodyselfieTV Services is to uninstall any BodyselfieTV software and to stop using the BodyselfieTV Service. While BMI accepts no responsibility for third-party applications or the content thereof, and while such relationships with third-party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedies with respect to BMI, for any problems or dissatisfaction with third-party applications or the content thereof, is to uninstall and/or stop using any such third-party applications.
To the maximum extent permitted by law, in no event will BMI, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business or profits (whether direct or indirect) in all cases arising out of the use or inability to use the BodyselfieTV Service, third party applications, or third-party application content, regardless of legal theory,without regard to whether BMI has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the BodyselfieTV Service, third party applications, or third-party application content more than the amounts paid by you to BMI during the prior twelve months in question, to the extent permissible by applicable law.
THIRD PARTY RIGHTS
You agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and BMI. In no event shall the Agreements create any third party beneficiary rights.
You agree to comply with any applicable third party terms, when using the Service.
If you access the Instructor Playlist which is part of the BodyselfieTV Service and Content, you acknowledge that you have read, understood and agree to the Terms of Service, Privacy Policy, and Copyright Notice of the third-party content provider Spotify, and agree to allow Spotify and its associated third parties to access your User Content and utilize such User Content in accordance with the terms of your agreements with Spotify.
ENTIRE AGREEMENT
Except as stated in this section of expressly agreed on in a signed writing between yourself and BMI, the Agreements constitute all of the terms and conditions agreed on between you and BMI, and superseded any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Other aspects of your use of the BodyselfieTV Service may be governed by additional agreements, as in the case of a gift card or free Trial Subscription. In such cases, the additional terms of those additional agreements are considered to be incorporated into the Entire Agreement between you and BMI. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
SEVERABILITY
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by BMI or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive BMI’s or the third-party beneficiary’s rights to do so.
ASSIGNMENT
BMI may assign the Agreements or any part of them, and BMI may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold BMI harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of (1) your breach of these Agreements; (2) any User Content; (3) any activity in which you engage on or through or in conjunction with or as a result of the BodyselfieTV Service or Content; and (4) your violation of any law or the rights of a third party.
CHOICE OF LAW; ARBITRATION; VENUE
Unless otherwise required by the mandatory law of a member state of the European Union or any other jurisdiction, the Agreements and any non-contractual disputes or claims arising out of or in connection with the Agreements are subject to the laws of the State of California, without regard to choice or conflict of law principles.
If you are located in, have office in, or do business in a jurisdiction in which a contractual arbitration provision is enforceable, the following mandatory arbitration provisions apply to you:
- Dispute Resolution by Mandatory Arbitration:
Any dispute, claim or controversy between you and BMI arising in connection with or relating in any way to these Agreements, or to your relationship with BMI as a user of the Service, regardless of whether based in contract, tort or statute or any other legal theory, and regardless of whether such claims arise during or after the termination of the Agreements, shall be subject to mandatory binding individual arbitration as set forth below. This arbitration provision is severable and shall survive termination of the Agreements. - Exceptions
No provision of the Agreements shall be deemed to waive, preclude or otherwise limit BMI’s or your rights, to bring an individual action in a U.S. Small Claims Court; to pursue enforcement actions through applicable U.S. federal, state or local agencies where such actions are available; to seek injunctive relief in a court of law; or to file suit in a court of law to address intellectual property claims. - Abitration Procedures
Either you or BMI may begin arbitration proceedings by serving written Notice on the other party subject to the Notice provision of this Agreement. If you are located in, based in, have offices in, or do business in the United States, any arbitration between you and BMI will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”). The AAA Rules as well as instructions on how to commence an arbitration proceeding are found at www.adr.org.
Any arbitration hearings shall be held at a location to be agreed on in Los Angeles, California, unless the claim is for $10,000 or less. If the amount in controversy in the arbitration proceeding is $10,000 or less, you may choose whether the arbitration shall be conducted (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic hearing or (c) by an in-person hearing subject to the AAA Rules. Payment of arbitration fees shall be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision at based on findings of fact and conclusions of law at the conclusion of the arbitration proceeding, justifying any award or decision by the arbitrator. The arbitrator may make rulings and resolve disputes about payment and reimbursement of fees or expenses at any time during the proceeding.
If you are not located in, not based in, do not have offices in, and do not do business in the United States, any arbitration between you and BMI will be resolved under the Rules of Arbitration of the International Chamber of Commerce then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by the terms of these Agreements, and wll be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in English. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the substantive law of the State of California, without regard to choice or conflicts of law principles. - Notice of Arbitration
Any party who seeks arbitration under these Agreements must first send a written notice by certified mail or overnight delivery (signature required). In the event that we do not have a physical address on file for you, we may send notice by electronic mail to the contact information you have provided. BMI’s address for Notice is:
BodySelfie Media Inc.
10340 Santa Monica Blvd.
Los Angeles, CA 90025
The Notice must contain the following information:
- Nature of the claims and factual basis of the dispute, and
- Specific relief sought.
If the claim or dispute cannot be resolved within thirty (30) days of the delivery of the Notice, you or BMI may commence an arbitration proceeding. If you or BMI make any settlement offer while the arbitration is pending, the amount of the offer shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). In the event the dispute is finally resolved through arbitration in your favor, BMI shall pay you the greater of (1) the amount awarded by the arbitrator; (2) the last written settlement amount offered by BMI prior to the arbitrator’s decision and award, or (3) $1,000.00.
All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for legitimate purposes of the arbitration, including enforcement of the arbitrator’s decision and award. All documents and information disclosed in the course of the arbitration shall be kept confidential at all times during and following the arbitration, and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor BMI shall make any public announcement or public comment or originate any publicity concerning the arbitration, including but not limited to, the fact that the parties are in dispute, the existence of the arbitration or any decision or award of the arbitrator.
CALIFORNIA RESIDENT
If you are a resident of the State of California, you may request to have copies of the Agreements mailed to you electronically by sending a letter to BMI at the notice address provided above for purposes of the Arbitration. You must include your email address and a written request for the Agreements.
