Beta Test Program Click License
Terms of Services:
1. Participant Feedback. You agree to provide reasonable feedback to Life180, about your experiences using content and features (such as web-based applications and interactive forums) and generally about the usability of the Fitsmi.com Beta Site. All of your feedback shall be the property of Life180 and may be used by Life180 for any purpose it sees fit.
2. Fitsmi.com Beta Site. So you can participate in the Beta Test Program, Life180 shall provide you with access to the beta-version of the Fitsmi.com Web site including but not limited to use of web-based applications, interactive forums and content accessible through such site (collectively, the “Fitsmi.com Beta Site”).
(a) You agree and understand this is not a final released version of the Fitsmi.com Web site and that all the offerings on the Fitsmi.com Beta Site are beta test versions for the purpose of testing and may contain anomalies or generate incorrect results;
(b) You agree that there is NO formal customer or technical support for the offerings on the Fitsmi.com Beta Site;
(c) There is no guarantee of a specific release date or time for the final version of the Fitsmi.com Web site;
(d) Life180 cannot guarantee the continuous operation of the Fitsmi.com Beta Site. Life180 shall not be liable for any delay or failure of the Fitsmi.com Beta Site to perform or to perform correctly; and
(e) upon or at any time or from time to time prior to the completion of the Beta Test Program, all data, information, user profile information, and other Submissions (as defined below) may be deleted, removed or lost from or not maintained by Life180, whether intentionally or not, and upon or in the event thereof, Life180 shall have no liability or obligation to you whatsoever.
Because this is a Beta Test Program, please be advised that we may suspend or terminate your account and your ability to use the Fitsmi.com Beta Site or any portion thereof at any time for any reason whatsoever.
3. Ownership of Fitsmi.com Beta Site. You understand that Life180 or its suppliers shall own all of the Fitsmi.com Beta Site, including without limitation all intellectual property rights therein. You may not sell, lease, license, loan or otherwise transfer or dispose of your access (including the user id and/or password) to any portion of the Fitsmi.com Beta Site, except that you may share you access with any family member who is at least 13 years of age including any teen child and such teen child’s parent or guardian.
4. Confidential Nature of Fitsmi.com Beta Site. You acknowledge and agree that:
(a) the Fitsmi.com Beta Site are the confidential information of Life180;
(b) the Fitsmi.com Beta Site are pre-release materials and not intended for public release; and
(c) disclosure of any part of the Fitsmi.com Beta Site to any third party (other than a family member), including but not limited to any trade or consumer press, news agency or any competitor of Life180, will cause significant and irreparable harm to Life180, the extent of which may be difficult to ascertain.
5. Participant’s Warrants and Representations. You warrant, represent and agree that you:
(a) are at least 13 years of age and, if you are under 18 years of age, you have obtained the consent of your parent or guardian to participate in this Beta Test Program and use the Fitsmi.com Beta Site;
(b) will not impersonate any person or entity, nor falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) understand that all the offerings on the Fitsmi.com Beta Site are intended to be for educational purposes only, and that for specific medical advice, diagnoses, and treatment, you should consult your doctor or other medical professional;
(d) will be respectful of others, and will not (i) post any comments or other communications which may be defamatory, abusive, invasive of another person’s right of privacy, offensive, threatening, and/or harassing of another, or (ii) disrupt, interfere with, or inhibit any other user from using and enjoying the Fitsmi.com Beta Site, or (iii) is bigoted, hateful, or racially or otherwise offensive, or (iv) is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or (v) otherwise harms or can reasonably be expected to harm minors or any other person or entity in any way;
(e) acknowledge and agree that you have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose during your participation in the Beta Test Program or use of any of the Fitsmi.com Beta Site;
(f) will not participate in any interactive forum in a manner that (i) does not generally pertain to the designated topic or theme of the relevant forum or (ii) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling” and “griefing” as those terms are commonly understood and used on the Internet, or (iii) engages in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
(g) will not market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless expressly allowed to do so by Life180;
(h) you may not give any public exhibitions or displays using the Fitsmi.com Beta Site, or use the Fitsmi.com Beta Site in any manner such that it will mislead another user into believing that they are interacting directly with Life180;
(i) will use the offerings made available to you through the Fitsmi.com Beta Site only for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Beta Test Program; and
(k) will not misappropriate any of the intellectual property of Life180 or any other party.
7. Submissions. The word “Submissions” means text, messages, ideas, concepts, pitches, suggestions, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through the Fitsmi.com Beta Site. Submissions include those data, information and/or other materials:
(a) that Life180 expressly requests or enables you to provide via any feature or activity on the Fitsmi.com Beta Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in contests and promotions); and
(b) that you Distribute on or through the Fitsmi.com Beta Site for which you do not seek Consideration (such as in in interactive forums).
Life180 and all of its licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose any and all Submissions, and Life180 shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, Distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Fitsmi.com Beta Sites and other third party sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
You agree not to Distribute any Submission that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child pornography, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or Distribute any Submission that you do not have a right to Distribute under any applicable law or contractual or fiduciary relationship, or Distribute any Submission that infringes any intellectual property right of any party, or Distribute any Submission that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Some of the offerings on the Fitsmi.com Beta Site include interactive features through which Submissions that include personal and/or other information provided by you and/or another participant can be made public to the Internet and shared with users of all ages. You acknowledge that offerings and features offered in the Fitsmi.com Beta Site are for public and not private communications, and you have no expectation of privacy with regard to any public forum or any Submission. Please be advised that the “member name” you select or create for your user account may be used to identify or credit you as the source of any Submission made by you in perpetuity, even if and after you terminate, delete or remove your user account and registration.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any interactive forum on the Fitsmi.com Beta Site is at your own risk. For example, Life180 is not responsible for, and Life180 does not endorse, the opinions, advice or recommendations posted or sent by users in any interactive forum, and Life180 specifically disclaims any and all liability in connection therewith.
Notwithstanding anything to the contrary, we owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
8. Claims of Copyright Infringement. Life180 respects the intellectual property of others, and requires that its users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, and if you violate the foregoing, your participation in the Beta Test Program may be terminated.
If you believe your work has been copied and posted on or through the Fitsmi.com Beta Site in a way that constitutes copyright infringement, please send Life180′s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Fitsmi.com Beta Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Life180′s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Life180, Inc., 12 Hawthorne Road, Bronxville, NY 10708; Facsimile: 914 793 9870; Phone: 914 793 7936; Attn: Copyright Agent. Life180′s Copyright Agent for notification of claimed infringement can also be reached electronically by firstname.lastname@example.org.
9. NO WARRANTIES. THE FITSMI.COM BETA SITE, AND ALL APPLICATIONS, INTERACTIVE FORUMS AND CONTENT THEREON, IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, LIFE180 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LIFE180 DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE FITSMI.COM BETA SITE OR ANY PARTICULAR APPLICATIONS, INTERACTIVE FORUMS OR CONTENTS PROVIDED UNDER THE BETA TEST PROGRAM AT ANY TIME YOU WANT. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM THAT ARE BEYOND THE REASONABLE CONTROL OF LIFE180. FOR ALL USER IDS AND/OR PASSWORDS, AND ALL DATA, COMMENTS, CONTRIBUTIONS, COMMUNICATIONS AND/OR OTHER MATERIALS USED OR PROVIDED BY YOU IN CONNECTION WITH OR IN ORDER TO PARTICIPATE IN THE BETA TEST PROGRAM, LIFE180 MAY EITHER DELIVER A SELF EXPIRING VERSION OF THE SAME AND/OR MAY DISCONTINUE HOSTING OR MAINTAINING THE SAME AT ANY TIME. YOU AGREE THAT LIFE180 HAS NO LIABILITY FOR SUCH DISCONTINUANCE AND/OR FAILURE TO MAINTAIN. MOREOVER, WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WDIG SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OFFERINGS. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
THE CONTENT ON THE FITSMI.COM BETA SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. RELIANCE ON ANY INFORMATION APPEARING ON THE FITSMI.COM BETA SITE IS STRICTLY AT YOUR OWN RISK.
10. LIMITATION OF LIABILITY AND REMEDIES. You agree that notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages), the entire liability of Life180 and any of its directors, officers, employees, agents, representatives, investors and/or affiliates under any provision of these Beta Program Terms of Services and your exclusive remedy for all of the foregoing shall be limited to one hundred dollars (US$100). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. In no event shall Life180 any of its directors, officers, employees, agents, representatives, investors and/or affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever.
14. Acceptance. If you do not agree to be bound by the Terms of Services of these Beta Program Terms of Services, do not continue any further. By clicking the “accept” button below or continuing to use the Fitsmi.com Beta Site, you are once again representing that:
(a) you are 13 years of age or older and if you are under 18 years of age, you have received the consent of your parent or guardian;
(b) you wish to participate in the Beta Test Program;