Terms of Use
Welcome to introPLAY.com, an online service that promotes health and fitness through group oriented products. The service is operated by introPLAY LLC ("introPLAY", "we" or "our"). By using the introPLAY.com website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations, and the terms of this Agreement. If you wish to become a Member, communicate with other Members and make use of the introPLAY.com services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the registration process.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by us at any time and without prior notice, such modifications to be effective upon posting by introPLAY on the Website. This Agreement includes introPLAY's acceptable use policy for content posted on the Website, introPLAY's Privacy Policy, and any notices regarding the Website. Your use of the Service is subject to the following specific terms:
Eligibility: You must be thirteen or over to register as a member of introPLAY or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that: (a) you are 13 years of age or older and you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration information you submit is truthful and accurate; (c) all information you post on the Website including your profile is truthful and accurate; (d) you will maintain the accuracy of all such information; and (e) your use of the Service does not violate any applicable law or regulation.
As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Term: This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. introPLAY may terminate your membership for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect.
Fees: By using the Service and by becoming a Member, you acknowledge that introPLAY reserves the right to charge fees for the use of the Service and to change its fees from time to time in its sole discretion. introPLAY has the right to terminate a Member's membership should a Member breach this Agreement or fail to pay for the Service, as required by this Agreement. If introPLAY terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees.
Appropriate conduct and content; non-commercial use by Members: The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of introPLAY.
You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or this Agreement. Other examples of illegal or unauthorized uses include, but are not limited to: modifying, adapting, translating, or reverse engineering any portion of the Service; removing any copyright, trademark or other proprietary rights notices contained in or on the Service; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Service; collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes; reformatting or framing any portion of the web pages that are part of the Service; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service; submitting Materials of any third party without such third party's prior written consent; directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by introPLAY; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
While introPLAY prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Service at your own risk.
introPLAYs proprietary rights: By submitting, posting or displaying any Materials on or through the Service, you automatically grant to introPLAY a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. That said, introPLAYs use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission.
You represent and warrant that: (i) you own any and all content posted by you on or through the Website, and (ii) the posting of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the Website.
introPLAY owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of introPLAY, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Privacy: Use of the Website and/or the Service is also governed by our Privacy Policy.
Member Disputes: You are solely responsible for your interactions with other introPLAY Members. introPLAY reserves the right, but has no obligation, to monitor disputes between you and other Members.
Health Disclaimer: introPLAY strongly recommends that you consult with your physician before beginning any exercise program. You should be in good physical condition and be able to participate in the exercise. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury.
introPLAY is not a licensed medical care provider and represents that we have no expertise in diagnosing, examining, or treating medical conditions of any kind or in determining the effect of any specific exercise, activity, or information on a medical condition. Nothing on the Website whatsoever should be construed as such medical advice or diagnosis.
Disclaimer of warranties: introPLAY does not endorse and has no control over the content posted on the Website by Members or other third parties. introPLAY is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Content posted on the Website may contain links to other websites; introPLAY is not responsible for the content, accuracy or opinions expressed on such websites. introPLAY is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. introPLAY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
introPLAY is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will introPLAY be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Materials posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and introPLAY expressly disclaims any warranty of fitness for a particular purpose or non-infringement. introPLAY cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from introPLAY or through or from the service shall create any warranty not expressly stated herein.
YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability: Except in jurisdictions where such provisions are restricted, in no event will introPLAY be liable to you or any third person party for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if introPLAY has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, introPLAY's liability to you for any cause whatsoever, and regardless of the form of the action or claim, will at all times be limited to the amount paid, if any, by you to introPLAY for the Service during the term of membership.
Indemnity: You agree to indemnify and hold introPLAY, its members, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Miscellaneous: This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of New York, NY. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall introPLAY be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
This Agreement constitutes the entire agreement between you and introPLAY with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement by a party will be effective only if in writing and signed by a party.