A positive change in your wellness is a change for the better for the rest of your life, BodyCompass can help you improve body and mind directly from your own living room, home studio, office space you name it. Carry Your Wellness Channel everywhere with our superb, upcoming, rich website application, BodyCompass.
These Terms of Service ("Terms") govern the use of Body Compass fitness video management and streaming platform ("Service") and govern the relationship between you ("You" or "User") and OAKHOUSE CAPITAL LTD , ("Body Compass " or "We") regarding your use of the Service. By accessing or using the Service You agree to the Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if you do not agree to the Terms, do not use the Service.
Medical Disclaimer. Before starting any exercise program through the Service, you agree by entering the website you have consult your physician to determine if such program is right for your needs and that you absolve Body Compass from all responsibility that may come from commencing any physical activity. Do not start exercise program through the Service if your Doctor/Physician advises against it. Your use of the Service is at your sole discretion and risk. Always stop the exercise immediately if you experience faintness, dizziness, pain or shortness of breath at any time while sexercising.
You become a registered user of the Service and create a Service account ("Account") by (i) using your personal unique email address and giving other information required; or (ii) by using the available single sign-on via Facebook.
The Service is intended for people who are at the age of majority (usually 18 years old or older). Persons under that age shall provide a separate consent by their legal guardian.
The Body Compass Service is owned and operated by Body Compass. Unless otherwise indicated, all Content and other materials on the Body Compass Services, including, without limitation, Body Compass's logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the " Materials ") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). All Materials contained on the Body Compass Service are the proprietary property of Body Compass or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Body Compass or its affiliates and/or third-party licensors. Body Compass reserves all rights not expressly granted in these Terms of Service.
Unless otherwise expressly stated in writing by Body Compass, you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Body Compass Service for your personal or internal business use only.
This license is subject to these Terms of Service and does not include any of the following: (a) any resale or commercial use of the Body Compass Service or the Materials; (b) the distribution, public performance or public display of any Materials (except for Broadcaster Content by the Broadcaster posting the Broadcaster Content – this is all explained further below); (c) modifying or otherwise making any derivative uses of the Body Compass Service or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Body Compass Service, the Materials or any information contained in them, except as expressly permitted on the Body Compass Service; or (f) any use of the Body Compass Service or the Materials except for their intended purposes. Any use of the Body Compass Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Body Compass, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. This license can be terminated (see further section 15).
When using the Body Compass Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the " Guidelines "). All these Guidelines are hereby incorporated by reference into these Terms of Service (i.e. they are made part of these Terms of Service).
Body Compass reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time (for example to reflect updates to the Body Compass Service or to reflect changes in the law). If Body Compass changes these Terms of Service, we will provide you notice of these changes, such as by sending an email, posting a notice on the Body Compass Service or updating the "Last Updated" date above. Please check these Terms of Service and any Guidelines periodically for those changes. Your continued use of the Body Compass Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Service, the amended terms will automatically be effective thirty days after they are initially posted on the Body Compass Service unless you contact us to discuss any questions or comments during that time period. We will always make a reasonable effort to notify you if we do change these Terms of Service.
Please note that since we respect fitness publisher, music, and other Content (as defined below) owner rights, it is Body Compass's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the " DMCA "). If you believe that anything in the Body Compass Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you believe that your copyright or other intellectual property rights have been infringed and they are not subject to US law and jurisdiction (for example, if you consider the infringement is subject to the E-Commerce Directive of the European Union), then we invite you to contact us using the procedure set out at section 7) for the US Digital Millennium Copyright Act to the extent relevant. You can contact email@example.com if you wish to discuss this further with us.
In accordance with the DMCA and other applicable laws around the world, Body Compass has adopted a policy that it will promptly terminate without notice any user's access to the Body Compass Service if that user is determined by Body Compass to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Body Compass of infringing activity violations more than twice and/or who has had their Broadcaster Content or any other user-submitted content removed from the Body Compass Service more than twice. Body Compass may also at our sole discretion limit access to the Body Compass Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Body Compass accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
BODY COMPASS, Body CompassTV, the Body Compass logos and any other product or service name or slogan contained in the Body Compass Service are trademarks of Body Compass or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Body Compass or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Body Compass may provide you from time to time.
You may not use any metatags or any other hidden text utilizing "Body Compass" or any other name, trademark or product or service name of Body Compass without our prior written permission. In addition, the look and feel of the Body Compass Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Body Compass and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Body Compass Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
Body Compass allows certain users (" Broadcaster ") to distribute streaming live and pre-recorded videos of fitness related activities.
If you sign up for an account as a Broadcaster, subject to your compliance with these Terms of Service, Body Compass hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Body Compass Service for the uploading and distributing of authorized digital content, including videos (" Broadcaster Content ").
Unless otherwise agreed to in a written agreement between you and Body Compass that was signed by an authorized representative of Body Compass:
By distributing or disseminating Broadcaster Content through the Body Compass Service, you hereby grant to Body Compass a worldwide, nonexclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Broadcaster Content, in any form, format, media or media channels now known or later developed or discovered. You grant Body Compass and our sublicensees the right to use the name that you submit in connection with that content, if we or they choose.
Except for Broadcaster Content already downloaded by users, the foregoing license granted by you terminates regarding a specific piece of Broadcaster Content once you remove or delete that Broadcaster Content from the Body Compass Service.
You are solely responsible for your Broadcaster Content and the consequences of posting or publishing it. By uploading and publishing your Broadcaster Content, you represent, and warrant that: (1) you are the creator and owner of the Broadcaster Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Broadcaster Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Broadcaster Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (4) unless you have received prior written authorization, your Broadcaster Content specifically does not contain any prerelease or non-public beta software or fitness content or any confidential information of Body Compass or third parties. Body Compass reserves all rights and remedies against any Broadcasters who breach these representations and warranties.
Body Compass uses reasonable security measures in order to attempt to protect Broadcaster Content. However Body Compass cannot guarantee that there will be no unauthorized copying or distribution of Broadcaster Content nor will Body Compass be liable for any copying or usage of the Broadcaster Content not authorized by Body Compass. You hereby release and forever waive any claims you may have against Body Compass for any such unauthorized copying or usage of the Broadcaster Content, under any theory. THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY Body Compass HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Unless expressly permitted in writing by Body Compass, you may not sell, rent, lease, share or provide access to your Broadcaster account to any third party, including without limitation charging any remuneration (e.g. money) to any third party for access to administrative rights on your Broadcaster account. Body Compass reserves all available legal rights and remedies to prevent unauthorized use of the Body Compass Service, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Broadcasters may promote, administer or conduct a promotion on, through or utilizing Body Compass (a "Promotion"). If you are a Broadcaster and you choose to promote, administer or conduct a Promotion, you must follow the following rules:
You may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions.
You, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Body Compass has the right to remove your Promotion from the Body Compass Service for any reason.
Body Compass is not responsible for and does not endorse or support any such Promotions. You may not indicate that Body Compass is a sponsor or co-sponsor of the Promotion.
ALL Broadcasters should display or read out the following when a Promotion is on their channel: "This is a promotion from [channel name] . Body Compass does not sponsor or endorse broadcaster promotions and is not responsible for them".
You agree that your Broadcaster Content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf ) ("Guidelines"). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Body Compass Service, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Body Compass Service, you agree to comply with the Guidelines' requirements for disclosing such relationships. You, and not Body Compass, are solely responsible for any endorsements or estimonials you make regarding any product or service through the Body Compass Service.
In addition to the Broadcaster Content, Body Compass may provide other third party content on the Body Compass Services and may provide links to Web pages and content of third parties (collectively the " Third-Party Content ") as a service to those interested in this information. Body Compass does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, nor we do not update or monitor it, therefore we are not responsible for any Third Party Content on the Body Compass Service. Users use such Third-Party Content at their own risk.
The Body Compass Service may include links or references to other web sites or services solely as a convenience to Users (" Reference Sites "). Body Compass does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Body Compass Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
The Body Compass Services may include interactive areas or services (" Interactive Areas "), such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Body Compass Services (" User Content " and collectively with Broadcaster Content, " Content "). You are solely responsible for your use of such Interactive Areas and use them at your own risk. BY USING THE Body Compass SERVICE, INCLUDING THE INTERACTIVE AREAS, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Body Compass Service.
You agree that you will comply with these Terms of Service and Rules of Conduct and will not:
Further, BY USING THE Body Compass SERVICE, INCLUDING THE INTERACTIVE AREAS YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the Body Compass Service any of the following:
Body Compass takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Body Compass liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Body Compass Service is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Body Compass's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Body Compass Service will not contain any content that is prohibited by such rules. As a provider of interactive services, Body Compass is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. Body Compass does not endorse any Content or any opinion, recommendation or advice expressed therein, and Body Compass expressly disclaims any and all liability in connection with Content. Although Body Compass has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Body Compass reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Body Compass Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Body Compass Service at your sole cost and expense. Any use of the Interactive Areas or other portions of the Body Compass Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Body Compass Service.
If you submit or post User Content to the Body Compass Service you grant Body Compass a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant Body Compass and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose.
By submitting or posting User Content to the Body Compass Service, you agree that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Body Compass Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting of that User Content in connection with the Body Compass Service, does not and will not violate these Terms of Service or any applicable law, rule or regulation in your country or elsewhere.
1. Account and Password.
You may wish to open a Body Compass account with us for a number of reasons, including a more personalised Body Compass experience or to upload and/or download or purchase content or any products, services, or information from Body Compass.
Once you have a Body Compass account you can purchase products and services (including subscriptions) via Body Compass. The Body Compass Terms of Sale explain how this works – please read carefully this important document, which is incorporated by reference into these Terms of Service (this means they legally form part of this document).
While Body Compass uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to Body Compass on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability.
If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Body Compass at firstname.lastname@example.org
2. Third Party Accounts.
Body Compass may permit you to register for and log onto the Body Compass Service via certain third party social networks, such as by using Facebook Connect. If you log in via such social networks, the profile information connected to the account you use to log into the Body Compass Service, including your name, may be used by Body Compass in order to provide and support your account. You also acknowledge and agree that Body Compass may publish information regarding your use of the Body Compass Service to and in connection with any such third party social network with which you use the Body Compass Service (unless you tell us otherwise).
Body Compass reserves the right, without notice and in our sole discretion, to terminate your license to use the Body Compass Service (including to post Broadcaster Content), and to block or prevent your future access to and use of the Body Compass Service. This includes Body Compass having the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions or Turbo accounts. Your only remedy with respect to any dissatisfaction with (i) the Body Compass Service, (ii) any term of these Terms of Service, (iii) any policy or practice of Body Compass in operating the Body Compass Service, or (iv) any content or information transmitted through the Body Compass Service, is to terminate your account and discontinuing use of any and all parts of the Body Compass Service. In serious cases of breach of these Terms of Service (for example, infringement of Body Compass's intellectual property rights or actions causing it financial loss), Body Compass may consider it appropriate to take legal action against you (though we will try to resolve matters amicably with you if possible).
The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
You agree to indemnify, defend, and hold harmless Body Compass, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Body Compass Service, any Content you post, store or otherwise transmit in or through the Body Compass Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Body Compass reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Body Compass, and you agree to cooperate with Body Compass's defense of these claims. Body Compass will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a Broadcaster, the forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Broadcaster Content.
The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE BODY COMPASS SERVICE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BODY COMPASS; (B) BODY COMPASS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (" BODY COMPASS PARTIES ") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE BODY COMPASS SERVICE, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) BODY COMPASS DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE BODY COMPASS SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) BODY COMPASS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE BODY COMPASS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE BODY COMPASS SERVICE SAFE, BODY COMPASS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE BODY COMPASS SERVICE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BODY COMPASS OR THROUGH THE BODY COMPASS SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 17, THE TERM "BODY COMPASS" INCLUDES BODY COMPASS'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
Users in the USA and rest of the world (non-EU):
The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
1. Limitation of Liability.
You understand and acknowledge that Body Compass will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system's performance.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BODY COMPASS SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH HEREIN. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF THE SERVICE, HOWEVER WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER.
BODY COMPASS AND ITS BROADCASTERS SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BODY COMPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT BODY COMPASS SHALL NOT BE LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THIS RESTS ENTIRELY WITH YOU.
2. Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN BODY COMPASS AND RECEIVED THROUGH OR ADVERTISED ON THE BODY COMPASS SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
3. Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT BODY COMPASS HAS OFFERED THE BODY COMPASS SERVICES, BROADCASTER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BODY COMPASS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BODY COMPASS. BODY COMPASS WOULD NOT BE ABLE TO PROVIDE THE BODY COMPASS SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
4. Users in the European Union.
The following section only applies to you if you are a consumer resident in the European Union: Neither Body Compass and its affiliates and partners in all cases, nor you (if you are an individual customer), will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when the Terms of Service were agreed or updated as applicable. If you are a Subscribing Organisation (as defined in section 1 of these Terms of Service) then you are not granted any rights under this section.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BODY COMPASS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BODY COMPASS.
You and Body Compass agree to arbitrate any dispute arising from these Terms of Service or your use of the Body Compass Service, except that you and Body Compass are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Body Compass agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Body Compass shall be sent to Justin.tv, Inc. dba Body Compass, Attn: Legal, 225 Bush Street, 6th Floor, San Francisco, CA 94104. You and Body Compass further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Body Compass will not commence against the other a class action, class arbitration or other representative action or proceeding.
Body Compass may provide you with notices, including those regarding changes to Body Compass's terms and conditions, by email, regular mail or postings on the Body Compass Service. Notice will be deemed given twenty-four hours after email is sent, unless Body Compass is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Body Compass Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Body Compass Service is deemed given 30 days following the initial posting.
The failure of either you or us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Body Compass without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11(b)(ii), 11(c), 11(d), 12, 15-20.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions of it.
7. Entire Agreement.
If you are a consumer resident in the European Union and you disagree with the above, we encourage you contact us as soon as possible after you start using the Body Compass at email@example.com since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances).
YOU AND BODY COMPASS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BODY COMPASS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Body Compass is offered by Body Compass, email: firstname.lastname@example.org You may have this same information emailed to you by sending an email to the foregoing email address with your email address and a request for this information.