WAIVER AND RELEASE OF LIABILITY
By downloading or logging on BodyBeat application, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless BodyBeat, it’s officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the BodyBeat.co website and any other BodyBeat service. You agree that neither BodyBeat, nor its officers, directors, shareholders and employees, shall have any liability to you under any theory of liability or indemnity in connection with your use of BodyBeat.co or BodyBeat Application. You hereby release and forever waive any and all claims you may have against BodyBeat, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of BodyBeat.co or BodyBeat Application. The total liability of BodyBeat, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of BodyBeat.co are hereby excluded even if BodyBeat or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law.
In no event shall BodyBeat be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site and the application, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between persons you meet through this Site or BodyBeat application.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
You agree that you are solely responsible for (and that BodyBeat has no responsibility to you or to any third party for) any content that you create, trim, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which BodyBeat may suffer) by doing so.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, BODYBEAT DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BODYBEAT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
BODYBEAT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BODYBEAT AND ITS LICENSORS SHALL NOT BE LAIBLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT NE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (B) MAKE CHANGES WHICH BODYBEAT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (D) YOUR FAILURE TO PROVIDE BODYBEAT WITH ACCURATE INFORMATION; AND (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
The Services may include hyperlinks to other web sites or content or resources. BodyBeat may have no control over any web sites or resources which are provided by companies or persons other than BodyBeat. You acknowledge and agree that BodyBeat is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that BodyBeat is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by BodyBeat on the Services are subject to change without specific notice to you. In consideration for BodyBeat granting you access to and use of the Services, you agree that BodyBeat may place such advertising on the Services.
These Terms of Service, and your relationship with BodyBeat under these Terms of Service, shall be governed by the Turkish laws without regard to its conflict of law provisions.
You must be 18 years or older to use this Service. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to BodyBeat.co and BodyBeat application will always be accurate, correct and up to date. You may not use the service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the Laws of The Republic of Turkey. Istanbul Courts and enforcement offices shall be authorised in case of any dispute.
You are responsible for all activity and content (audio, data, graphics, photos, links) that is uploaded or created under your BodyBeat account. A breach or violation of any of the Account Terms as determined in the sole discretion of BodyBeat will result in an immediate termination of your services. You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BodyBeat, unless you have been specifically allowed to do so in a separate agreement with BodyBeat. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to BodyBeat for all activities that occur under your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify BodyBeat immediately at email@example.com. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BodyBeat verbal or written abuse of any kind (including threats of abuse or retribution) of any BodyBeat customer, BodyBeat employee, member, or officer will result in immediate account termination.
We assume members of BodyBeat.co will act responsibly and use the tools provided by BodyBeat.co and BodyBeat application in a law-abiding manner. If BodyBeat determines that any member is not using the system responsibly, we can and will censor, edit or block their transmissions or use of Services. You are only authorised to use this Site for your own individual use, and may not duplicate, download, publish, modify or otherwise distribute any material on BodyBeat.co for any purpose other than for your own individual use, unless otherwise specifically authorised by BodyBeat You agree not to transfer or resell your use of or access to your program to any third party.
PAYMENT TERMS AND CANCELATIONS
You agree to pay any fees due for and incurred by your use of any Services that require payment. You agree to pay all fees and other charges incurred in connection with your Account.
No refunds or credits will be provided by BodyBeat upon cancellation. You authorise BodyBeat to charge your Payment Method for the appropriate charges and fees and for any other purchases you elect to make via the Services. BodyBeat reserves the right to increase fees and prices in the Shop or to institute new fees at any time upon reasonable notice posted in advance on Websites.
ALL PURCHASES ARE FINAL AND NO REFUND OR EXCHANGES WILL BE GIVEN FOR UNUSED PORTIONS OF PAID SERVICES.
If you have a question about a transaction on your credit card statement, please use the “Report a Problem” section of the BodyBeat to contact customer service.
You acknowledge and agree that BodyBeat (or BodyBeat’s licensors) own all legal right, title and interest in and to the BodyBeat content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with BodyBeat, nothing in these Terms of Service gives you the right to use any of BodyBeat’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorised to do so in writing by BodyBeat, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos. BodyBeat gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the software provided to you by BodyBeat as part of the Services as provided to you by BodyBeat (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BodyBeat, in the manner permitted by these Terms of Service.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorised by BodyBeat in writing.
Unless BodyBeat has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give BodyBeat a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling BodyBeat to display, distribute and promote the Services.
You agree that this license includes a right for BodyBeat to make such content available to other companies, organisations and individuals with whom BodyBeat has relationships for the provision of syndicated services, and to use such content in connection with the provision of those Services.
If you are using someone else’s copyrighted materials without permission, you are violating the copyright owner’s exclusive rights.
You understand that BodyBeat, in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit BodyBeat to take such actions. You confirm to BodyBeat that you have all the rights, power and authority to grant the above license. It is BodyBeat’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers. If you believe that any materials on the BodyBeat web site infringe a copyright, please contact us at contact@BodyBeat.co.