Welcome to the BodiMojo Terms of Service and Use! The words, “we” or “us,” mean BodiMojo, Inc., the company that owns this Application, and includes its affiliates, agents, licensors and licensees. The words, “you” and “Users,” means anyone who installs or uses this Application located at www.bodimojo.com.
PLEASE READ THESE TERMS OF SERVICE AND USE AND PRIVACY POLICY CAREFULLY BEFORE INSTALLING OR USING THE APPLICATION. By installing or using the Application and by clicking “I Accept” at the end of this document, you accept and agree to be bound by these Terms of Service and Use and Privacy Policy (“Appterms”). If you do not agree to these Appterms, you may not use the Application.
Privacy and Personal Information: Please see our Privacy Policy relating to the collection and use of your information.
Notice — Medical Emergency Disclaimer
1. The BodiMojo Application and Mobile Services
The “Application” means the software provided by BodiMojo to be used on Apple iOS devices and any upgrades. This Application allows you to track and share your information for a healthy lifestyle. You may create, submit, and share content, information, data, text, sound, photographs, graphics, video, messages, and other materials. The Application is about getting a grip on what’s affecting your life, building teen confidence, reaching your health goals. It’s all about YOU!
The Application includes certain services that are available via a mobile device, including the ability to upload, browse, and access content within the Application ( the “Mobile Services”).
Your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your use of the Mobile Services may be communicated to us.
2. You Must be Age 13 or Over to Use This Application
CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS APPLICATION. This Application is intended and only suitable for individuals aged 13 and older. By using the Application, you represent and warrant that you are age 13 or older. We disclaim any and all liability for use by individuals under the age of 13. If we become aware that a child under 13 has used this Application, we will use our best efforts to remove any information they provided.
If you are between the ages of 13 and 18, you must ask for your parent’s or guardian’s permission before installing or using our Application and you must have a parent assist in the completion of registration. In addition, if you are between the age of 13 and 18, you represent that you possess legal parental or guardian consent to use the Mobile Services.
3. Medical Disclaimer & Release
This Application provides general information and allows anyone to provide health and wellness information via the BodiMojo.com platform. It does not take into account your particular individual circumstances and it does not provide medical adivce. BodiMojo has no involvement in the interaction between you and people who submit health information or any type of information. BodiMojo does not filter, edit, modify, screen, or otherwise monitor the content of questions, answers, profiles, qualifications or comments, or have any obligation to monitor the content on this Application.
You release BodiMojo (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or use of this Application.
You may access and use the information, documents, materials, text, images, submissions, and/or data, (the “Content“) and other publicly available content of the Application under our non-exclusive, non-transferable, limited license, solely for your personal, non-commercial, and informational use and in accordance with these Appterms.
Only Registered Users are authorized to use this Application, and to participate in interactive portions of the Application, including but not limited to surveys, questionnaires, and forums. You must register through our registration process below to become a “Registered User.”
You may not use the Application for commercial purposes, or in any way that is unlawful, or harms us, or any other person or entity, as we determine in our sole discretion. You agree not to reproduce, distribute, modify, post, transmit, sell, or otherwise make available any of the Content. You agree not to use the Application for any purpose that is unlawful or prohibited by these Appterms. You may not use any robot, spider, or other automatic device, or manual process, to monitor or copy all or part of the Application or Content. You may not access or use the Application in any manner that could impair, damage or disable any mobile device, or interfere with the proper working of any device.
No Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Content on any single device for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the Content, and (c) you do not use the Content in a manner that suggests an association with us, our products, services, or brands. The use of any Content on any other website or device is prohibited.
The Application and the Content are the property of BodiMojo and are protected by copyright, trademark, trade dress, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Application may be copied or retransmitted unless expressly permitted by us.
We do not want anyone to be confused about which materials and services are provided by us and which are not. So, you may not use the name, BODIMOJO, or any other trademark, service mark, or trade name appearing on our Application.
BODIMOJO is a trademark of BODIMOJO, Inc. You agree not to suggest any legal relationship between you and us or do anything that would infringe our rights.
8. Content in This Application
By using the BodiMojo Application, you acknowledge and agree that the information contained in the Application, including information from medical and health professionals, is intended for general educational purposes only. Always seek the advice of your physician or other qualified health provider for any questions you may have regarding your medical condition, or prior to starting any new treatment.
BodiMojo is a passive conduit for the information on this Application. We cannot and do not review all Content or every submission a User may make. We neither endorse nor guarantee the accuracy or propriety of any publication or submission. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of our Application if we believe you are violating any of these Appterms and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
We invite you to bring to our attention any Content in our Application you believe to be inaccurate, inappropriate, or in violation of these rules. Please write to us at the address at the end of these Appterms.
9. Registration, Member Account, Password, and Security
To become a Registered User, you may complete the information in the “Registration” section of the Application. As part of the registration process, you will select a password and may be prompted to complete information about yourself (“Personal Registration Information”). Your Personal Registration Information will be subject to our Privacy Policy. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use our Application under the name of another person.
You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You will notify BodiMojo immediately at info@bodimojo.com of any unauthorized use or suspected unauthorized use of your account or any other breach of security that is known or suspected by you. You will be liable for all actions taken with your password as well as for any loss or liability as a result of such use. BodiMojo will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by BodiMojo, or any transactions entered into through the Mobile Services or failure to abide by these Appterms.
10. Social Media Use and Conduct Rules
USE OF THE BODIMOJO TRIBE STREAM, COMMUNITIES, FORUMS, AND PUBLIC AREAS CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN.
In some cases, you may submit and post your content or messages through our Application. You will be solely responsibility for what you post and for the content of your messages, and the consequences of any such messages. You agree not to use our Application to send or submit materials:
- that are false, inaccurate or misleading;
- that infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that are libelous, discriminatory, bullying, hateful, intimidating, threatening, harassing, defamatory, abusive, invasive of privacy, or constitute stalking;
- that are violent, nude, partially nude, or sexually suggestive photos or text; obscene or contain any kind of pornography;
- that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
- that interfere with the ability of others to enjoy our Application;
- that impersonate any other person or entity, whether actual or fictitious, or use another person’s email address, credit card information, social security, identity numbers,or passwords, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- that link to or include descriptions of goods or services that: (i) are prohibited under these Appterms; or (ii) you do not have a right to link to or include;
- that constitute any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contents”, “sweepstakes” or any other form of solicitation;
- that violate any applicable local, state, national, or international law, or regulation;
or
- that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
By submitting material to or through our Application, you grant to us, without the requirement of any payment to you or anyone else, the royalty-free, sub-licensable and transferable worldwide, non-exclusive right to reproduce, modify to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed, with or without attribution to you. You agree that we may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. You agree that we may adapt, translate and create derivative works based upon and publicly perform such submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Application, on third-party websites, and in our products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you. You also permit any other user to access, display, and print your content for personal use.
By submitting material to us, you are representing that your material does not violate or infringe any rights of any third-party, including, but not limited to, copyright, trademark, and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner.
We reserve the right, but disclaim any obligation or responsibility, to remove any User-generated Content from our Application (a) that violates these Appterms and (b) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Application in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User-generated Content and turn all or a portion thereof over to law enforcement officials.
No submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any submission.
12. Procedures for Making Claims of Copyright Infringement.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Web site, please notify us by sending an email to BodiMojo at info@bodimojo.com or by sending a notice by U.S. mail to: c/o Oficio, BodiMojo, 30 Newbury Street, 3rd Floor, Boston, MA 02116. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
You agree to hold us harmless, defend and indemnify us from any claim that may arise from your use of our Application.
14. Links/Third-Party Services
As a convenience to you, we may provide links to third-party services and applications, such as Twitter and Instagram (“Social Media Services”). Those Social Media Services and the parties that control them are beyond our control. We expressly disclaim any responsibility for the accuracy, completeness, or availability of any information through Social Media Services and make no representations as to the content, quality, suitability, functionality or legality of any Social Media Services, third-party websites or applications to which we may provide links. You hereby waive any claim you might have against us with respect to such third-parties and their operators.
YOU AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. OUR APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BODIMOJO, INC., ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF MATERIALS AND SERVICES AVAILABLE THROUGH OUR APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS IN THE APPLICATION (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO OR FROM THE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, SECURITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON OUR APPLICATION (INCLUDING, WITHOUT LIMITATION, USER -GENERATED CONTENT AND THIRD-PARTY SITES), AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD-PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES.
YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR APPLICATION, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA. OUR APPLICATION ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER BODIMOJO NOR ITS USERS, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR APPLICATION ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY BODIMOJO SITE OR APPLICATION, OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A BODIMOJO SITE OR APPLICATION, OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY BODIMOJO SITE OR APPLICATION.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17. Discontinuance, Modification & Restrictions
We may discontinue, change, suspend, or restrict access to our Application or any portion of our Application at any time without liability to you or any third party.
18. Applicable Law & Exclusive Jurisdiction
This Application is controlled and operated by BodiMojo, Inc. from the state of Massachusetts in the United States of America. Those who choose to access our Application from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Appterms constitute an agreement made in, and to be construed in accordance with the laws of, the Commonwealth of Massachusetts without regard to its conflict of law provisions. By using this Application, you consent to the exclusive jurisdiction of the state and federal courts in Massachusetts in all disputes arising out of or relating to this agreement or our Application.
You agree not take any legal action against us that relates to or arises out of our Application without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to dispute at info@bodimojo.com, or such other designee as BODIMOJO, Inc. may identify from time to time.
In the event that any provision of these Appterms conflicts with the law under which these Appterms are to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Appterms, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of the Appterms will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Appterms, or to exercise any right under the Appterms, such a failure will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance. These Appterms constitute the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter. Our Application is always evolving; please be aware that we may change these Appterms from time to time. By continuing to use this Application after we post any such changes, you accept these Appterms, as modified.
© Copyright 2010-2014 BodiMojo, Inc. All rights reserved.
Report violations of these Appterms, spam or other similar issues or problems at: info@bodimojo.com; or by mail at BodiMojo, c/o Oficio, 30 Newbury Street, 3rd Floor, Boston, MA 02116.
