We provide Visitors and Registered Users with access to the Platform as described in this Agreement.
Visitors: Visitors, as the term implies, are people who want to look around and see what our Services are all about. Visitors can view all publicly-accessible content, and e-mail us.
Registered Users: Login is required for all Registered Users. Registered Users can do all the things that Visitors can do, and may: execute transactions for goods and services, such as fitness instructional programs ; participate in our promotional offers; sign up for alerts and other notifications; and post comments, reviews, and other content (“User Content”).
We are under no obligation to accept any individual as a Registered User, and may accept or reject any Registered User in our sole and complete discretion.
1. Your Content
Bodywhat allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Bodywhat.
You will not upload, post, e-mail, transmit, or otherwise make available any User Content that: infringes any copyright, trademark, right of publicity, or other proprietary or contractual rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
For instance, the uploading of baboon pictures or pornographic material will not be tolerated.
This website is available only for people over 18 years old. If you are underage, please do not use Bodywhat. By using our platform, you represent and warrant that you are at least 18.
3. Disclamer of warranties
The Website is provided “as is”. Bodywhat hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Bodywhat does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through the website at your own discretion and risk. The use of any software or hardware offered by Bodywhat is no substitute for the consultation by the user of a specialized doctor.
4. Medical agreement
The fitness, nutrition, and related information and recommendations provided by Bodywhat are for educational purposes only and are not intended as substitutes for medical advice from your health care provider. Bodywhat is not a medical organization. We encourage and advise you to seek professional medical advice before beginning any fitness or nutrition effort or program. Do not start a diet or fitness routine with us if your health care provider advises against it. We cannot provide you with medical advice or diagnosis. Nothing that you may read on this site or that is otherwise provided to you by our staff should be believed as such advice or diagnosis. Such information is not a substitute for physician consultation, evaluation, or treatment.
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
5. Log-in, password, unique identifiers
During the registration process for Registered Users, if you do not sign in via one of your social media accounts, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Bodywhat will not be liable for any loss or damage caused by any unauthorized use of your account.
6. Intellectual property
The Platform contains material, such as data, software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Bodywhat (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both UK laws and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and our Services automatically ends and you must immediately destroy any copies you have made of the Content.
7. Order and payment
You agree that Bodywhat may immediately authorize your credit card (or other means of payment) for payment of any order done under your password. You are fully responsible for all activities that occur under your Password, and you agree to be liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement. If you have a question about a transaction on your credit card statement, please contact us.
Bodywhat reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
We care about our users’ privacy and security. We work everyday so that Bodywhat.com is secure so we can protect your information. Although, we cannot guarantee that unauthorized third party will not be able to defeat our security measures. If you witness any unauthorized use of your account, please let us know immediately.
10. Third-party links, services and sites
Bodywhat.com may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Bodywhat. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Bodywhat, you should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you do so, it will be at your own risk and you agree that Bodywhat will have no liability arising from your use of or access to any third-party website, service, or content.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Platform, the Content, or our Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
12. Termination of the agreement
Bodywhat reserves the right to restrict, terminate or suspend your account at any time, with or without cause or notice to you. If you wish to terminate this agreement or your account, please send us a termination request at firstname.lastname@example.org and we will take care of it.
13. Applicable law
These Terms and Conditions shall be governed by and construed in accordance with French law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the French courts.
Copyright 2015 Bodywhat S.A.S. All rights reserved.