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Terms of Use

Last updated June 26, 2018


IMPORTANT –THESE TERMS OF USE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND ZYOUFIT, OWNER OF ZYOUFIT.COM,  AND THE ZYOUFIT MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”), AND THE CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SITE (THE “CONTENT”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY USING THE SITE OR ACCESSING ITS CONTENT, YOU ACCEPT AND AGREE TO THESE TERMS, WHICH GOVERN YOUR USE OF THE SITE.  THE CONTENT ON THE VIDEOS AND INFORMATION ON THIS SITE IS NOT MEANT TO SUBSTITUTE, NOR REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.  IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR THE CONTENT, MEMBERSHIP OR SERVICES ON THIS SITE YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL.  DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH OUR SERVICES IS SOLELY AT YOUR OWN RISK.  IF YOU RELY ON YOURSELF, THIS SITE,  SERVICES,  GUESTS OR VISITORS TO THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.  IF YOU DO NOT AGREE WITH ANY TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.  

Your use of the site does not grant to you ownership of any content, code, data or materials you may access on the site. You may view the content on the site on your computer or other internet-compatible device. Any distribution, publishing or exploitation of the site, or any content, code, data or materials on the site, is strictly prohibited unless you have received the express prior permission of ZYOUFIT or the applicable rights holder. The site contains certain features that enable you to obtain rights to use certain Content on the site, such as music, videos, photographs, and the like. In such situations, your rights to use such content are strictly limited to the rights expressly granted by ZYOUFIT in such situations. You may not otherwise copy, reproduce, distribute, publicly display, sell, create derivative works from, recompile, reverse engineer, disassemble, or otherwise exploit any Content, code, data or materials on the Site including, but not limited to, any music, videos, or photographs. If you make other use of the site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. ZYOUFIT will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The use and accessibility of certain portions of the site are only available to members of ZYOUFIT (collectively, the “Members”) who receive materials through the platform made available to them. These portions of the site are only accessible to Members who are eligible and remain in good standing. In the event a person cancels or fails to renew their Membership or, if such membership lapses or is terminated for any reason, access to these portions of the site will be immediately disabled and any content contained therein (including, for example, access to music and choreography videos will no longer be accessible to that person.

Any new features or tools which are added to the current website, members area, video  platform, etc.. shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


1. COMMUNITY CONDUCT

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource or content contained on the site.

You agree not to (a) transmit negative/harmful messages about any person, facility, or company; (b) link to any inappropriate websites or videos; (c) mention any copying of music or videos, which would be in violation of copyright laws; (d) take any action intended to threaten, intimidate or harass any other user of the Site, or which is abusive, objectionable, harmful, illegal, hateful or sexually, racially or ethnically discriminatory; (e) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (f) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (g) conduct commercial activities and/or sales of any kind without our prior written consent; (h) promote an illegal or unauthorized copy of another person’s copyrighted work, provide information to circumvent manufacture-installed copy-protect devices, or provide pirated music or links to pirated music files; or (i) impersonate any person or entity or attempt to gain unauthorized access to ZYOUFIT’s or any other person’s computers, software, or data.

ZYOUFIT will remove from the site any messages we  deem as inappropriate. ZYOUFIT reserves the right to make all final decisions as to what is considered proper and improper.

ZYOUFIT reserves the right, without notice, to prohibit use of the site by any user who, in our sole discretion, violates the terms. Such a prohibition may occur without notice to the user. If you believe another user is violating the terms, you may notify us, and we will work in good faith to resolve such issues. ZYOUFIT has no obligation to monitor the site or the content and is not responsible for the accuracy or reliability of any of the content or for any defamatory, offensive, or illegal conduct or statement by any user of the site.

ZYOUFIT reserves the right to investigate suspected violations of the Terms, including gathering information from the user or users involved and the complaining party. You hereby authorize ZYOUFIT and its agents to cooperate with (a) law enforcement authorities in the investigation of suspected criminal violations; and (b) system administrators at internet service providers or other network or computing facilities, or other third parties, in order to enforce the terms. Such cooperation may include the disclosure of personally identifying information. BY ACCEPTING THE TERMS, YOU WAIVE AND HOLD HARMLESS ZYOUFIT DANCE FITNESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF ZYOUFIT DANCE FITNESS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATIONS.

Users of all ages are welcome to browse the site however, you may only establish an account if you are at least 18 years of age, or the legal age of majority in your state, province or country of residence, and, if you are under the age of 18 or the legal age of majority, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this agreement, submit content, participate on the site, and fulfill the obligations set forth in this agreement, which forms a binding contract between you and ZYOUFIT. In order to purchase products/services from the site and in order to access/use some features on the site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.


2. LINKS TO THIRD PARTY WEBSITES

The site includes links to various third party websites. We are providing these links solely as a convenience. Such linked third party sites are not under our control. We have not reviewed all of the sites linked from the site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on the site does not imply our endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.

3. INDEMNITY

You agree to indemnify, defend, and hold harmless ZYOUFIT and its officers, employees, directors, affiliates, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from: (a) your breach of these terms or of any representation or warranty made by you in these terms; (b) any submissions you make; and/or (c) your activities in connection with the site or content.

4. COPYRIGHTS AND TRADEMARKS

The site and content are the property of ZYOUFIT  and its licensor  and are protected by United States and International Copyright laws. All copyrights, trademarks, and other proprietary rights on the site and in the content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by ZYOUFIT  on the Site or elsewhere are reserved to ZYOUFIT and its licensor.

In addition, the site may contain trademarks, logos, and links to third party websites. Any third party domain names, URLs, trademarks or logos appearing on the site or in the Content are the sole property of their respective owners.

5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ZYOUFIT,  suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


5. TERM AND TERMINATION

These terms and your right to use the Site will take effect at the moment you install, download, access, or use the site or materials and is effective until terminated as set forth below. These terms will terminate automatically if you fail to comply with any of the terms and conditions described herein. ZYOUFIT also reserves the right to terminate these terms (including any registered account) at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of these terms, or in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that ZYOUFIT shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of these terms. ZYOUFIT shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of these terms in accordance with this section. You may also terminate this agreement at any time by ceasing to use the site. But, all applicable provisions of these rerms will survive termination, as outlined below. The provisions concerning feedback, ZYOUFIT’s ownership rights, the user content, representations, disclaimers, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of these Terms for any reason.







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