These Terms of Use (these "Terms") are a legally binding agreement between YMCA 360 STUDIOS, INC., a Kansas not-for-profit corporation (referred to in these Terms as "YMCA360" "we," "our," "us" and similar terms) and each person who accepts these Terms (referred to as "you," "your," and similar terms).
By clicking "I Accept" or taking similar action to accept these Terms, or using our website at https://ymca360.org or any of our Apps, you expressly acknowledge that you have read and understand and agree to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE APPS.
The Apps. These Terms govern your use of https://ymca360.org and all related web applications, mobile applications, television applications, other technology, and websites provided by YMCA360, and all services that we provide to you through one or more applications from time-to-time (collectively, the "Apps").
Acceptance of these Binding Terms. The Apps are offered to you on the condition that you accept and agree to be bound by these Terms in their entirety without modification of any kind. By accessing and/or using any of the Apps, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse our website or one or more of our Apps) or you are a "Registered User" (which means that you have registered to use the Apps directly through our Apps or through our YMCA partner associations or a connected device).
Third Party Terms and Services. The Apps may provide access to third-party services or applications ("Third-Party Apps"). Your use of the Third-Party Apps, which may enhance or be necessary to enjoy some features or functions the Apps, are solely at your own cost and risk, and may require that you enter into separate terms of use or other agreements with the applicable third parties. You agree that YMCA360 has no liability or responsibility to you relating to your use of the Third-Party Apps, and your sole rights and obligations, if any, relating to the Third-Party Apps, will be with the applicable third party.
Partner YMCA Associations. We may partner with YMCA associations across the United States, Canada, and Europe ("Partner Y Associations") to provide our Apps as a service to members of the Partner Y Associations. In such circumstances, YMCA360 is operating solely as a platform service provider on behalf of the Partner Y Associations. The individual Partner Y Associations are responsible for managing the Apps and coordinating the features and App Content offered to their respective members, including challenges, competitions, and awards available for and offered to their respective members. YMCA360 is not responsible for, or liable to any members in connection with, any actions or conduct of the Partner Y Associations, including, without limitation, loss of connectivity with the Apps, errors in processing awards or information, and/or hosting or operating challenges or competitions offered by the Partner Y Associations.
Health and Medical Concerns. Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps, or any other equipment that may be used by an instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program, or using any suggested equipment shown in any of the videos from YMCA360. YMCA360 is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves, and instruction are not required to be performed by you and are carried out at your election and risk while viewing YMCA360 videos. Nothing contained herein should be construed as any form of such medical advice or diagnosis.
By using the content provided through the Apps you represent that you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time-to-time, instructors may suggest physical adjustments or the use of equipment, and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind arising out of your use of the Apps and App Content, participation in a YMCA program, or use of a YMCA facility against YMCA360, or any person or entity involved with YMCA360, including, without limitation, its directors, principals, officers, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives (collectively, "YMCA360 Parties").
General Registration Requirements. Visitors are permitted to view limited portions of the Apps. Full access to Apps is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must have an active YMCA membership with a designated YMCA branch that we have authorized ("Your YMCA"), you must register through the App(s), and you must complete the registration procedures displayed on the registration page(s) of the Apps. If we permit you to become a Registered User and you do not have a YMCA Membership at an authorized YMCA branch, we may subsequently terminate your right to use the Apps at any time without notice. Reference to your user account will be inclusive of all user accounts you may have with any of the Apps; use of the Apps may require that you separately create a user account with each App.
General User Requirements. Our Apps are intended for users who are at least 13 years old and who meet the legal requirements to engage the applicable services. If you are under the age of 13, you may use our Apps with the consent of your parent or legal guardian. The Apps are only intended for use within the United States or other countries that we authorize for use of the Apps. The Apps may not be available in all localities or markets. By using the Apps, you also certify that you will not use the Apps if any applicable laws prohibit you from doing so in accordance with these Terms.
Purchases Through the Apps. If we make any purchases available to you through the Apps, you agree to pay for your purchases using a valid payment method upon the payment terms and in the amounts displayed at the time you make the purchase. You authorize us to process any form of payment you provide to us through the Apps, either directly or through our third-party service providers we have a contractual relationship with.
Limited License of Apps. YMCA360 grants you a limited, revocable, non-exclusive, non- transferable, non-assignable, and non-sublicensable license to download, install, and use the Apps for your personal, non-commercial use on a single device owned or otherwise controlled by you, strictly in accordance with these Terms and our Privacy Policy found at https://ymca360.org/privacy-policy. You may only use the Apps to create a user account and to view, access, stream, and use the App Content and features provided through the Apps for personal uses only, and for such other purposes as we authorize from time-to- time. We grant you the limited right to download and install the YMCA360 mobile and television apps from an authorized, legitimate marketplace such as the Apple iTunes store or Google Play. You agree that we have not granted you any right or license not expressly provided in these Terms.
In connection with your license and use of the Apps, you agree not to:
Content. The content available through the Apps generally consists of (a) content created and/or acquired and owned by YMCA360 ("YMCA360's Content"), (b) content owned by third parties and licensed to YMCA360 for specified uses on or through the Apps ("Third-Party Content"), and (c) content that may be posted and/or otherwise uploaded to the Apps by you or other users ("User Content"). As between you and other users, however, the content posted by other users is considered to be Third-Party Content. All of the foregoing are collectively referred to as "App Content." We may edit, modify, remove, reindex, or reorganize the App Content at any time.
Limited License to Display App Content. YMCA360 hereby grants to Registered Users a limited, personal, revocable, non-exclusive, non-transferable, non-assignable, and non- sublicensable license to display a single copy of the YMCA360 Content and the Third- Party Content located on or available through our Apps at any one time (excluding any software code therein) solely for your single, personal, and non-commercial use in connection with using the Apps while you are a Registered User. All such use is subject to these Terms and may be terminated by YMCA360 as set forth in these Terms. Except for User Content created and posted by you, you may not copy, reproduce, republish, encode, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, sublicense, rent, lease, lend, or sell any App Content for any purpose whatsoever.
Reservation of Rights. Both the Apps and the App Content are protected by copyright, trademark, patent, trade secret, and/or other laws. YMCA360 and its third-party licensors own and retain their respective rights, title, and interest in and to the Apps and/or their respective APP Content, including any derivatives thereof, as applicable, subject only to the limited licenses granted to Registered Users as set forth above. You agree that you have not acquired any ownership interest in the Apps or App Content under these Terms or in connection with your use of the Apps or App Content, or any other rights thereto other than to access or use the Apps and App Content in accordance with the licenses granted herein and subject to all terms, conditions, and restrictions, under these Terms or as set forth in our Privacy Policy found at https://ymca360.org/privacy-policy.
License of User Content. You hereby grant YMCA360 an irrevocable, non-exclusive, sublicensable, royalty-free, and fully paid-up license to, and the right to use, share, distribute, transfer, publish, sublicense, and/or assign, any and all User Content created and/or posted by you, worldwide and in perpetuity, as set forth below in any media or via distribution methods currently available or developed in the future.
User Submissions. We welcome your comments regarding the Apps. We appreciate hearing from you. If you submit feedback to us regarding the Apps, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission will become solely our property. A User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure of any User Submission. We shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission and any profile information you create on our Apps, or provide to YMCA360, (collectively, "Profile Information") for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Acceptable Use Policy. You agree that you will use the Apps and/or App Content only in a manner that complies with and does not violate any local, state, national, or foreign law, rule, or regulation. You acknowledge that you may not use the Apps in any way that:
Geographical Restrictions. The Apps and related services are based in the state of Kansas in the United States and provided for access and use only by persons located in the United States, Canada, and Europe. You acknowledge that you may not be able to access all or some of the Apps or App Content and related services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App or App Content and related services from outside the United States, you are responsible for compliance with such foreign or local laws for the applicable jurisdiction.
Termination or Suspension of Your Account. You may terminate your user account at any time as provided through the Apps; you may have to terminate your user account separately through each App. We reserve the right to suspend, restrict, or terminate any user account or access to the Apps at any time and without notice if we, in our sole discretion, suspect or determine that (a) you violated these Terms; (b) violated any law or third-party agreement; or (c) committed any other act which we, in our sole discretion, consider to be detrimental to or inappropriate for the Apps. We may terminate your account at any time for any reason without notice. Your right and license to use the Apps and App Content, excluding your own User Content, will automatically terminate upon the termination of these Terms. Your right to use the Apps and App Content will also terminate upon the termination of our relationship with your YMCA. Notwithstanding the foregoing in this section, termination of these Terms or your use of the Apps will not limit YMCA360 rights or remedies available to YMCA360 or any YMCA Parties at law or equity.
Mobile and Internet Services. To use or access the Apps you will need a compatible device or wearable. We cannot guarantee that the applications will be compatible with, or available on, your device or wearable. Also, your phone company and internet service provider's normal messaging, data, and other rates and fees will still apply.
Collection and Use of Your Information. You acknowledge that when you download, install, or use our Apps, we may use automatic means (example, cookies or web beacons) to collect information about your connected device or wearable and about your use of our Apps. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Apps or certain features or functionality, and the Apps may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with our Apps is subject to our Privacy Policy found at https://ymca360.org/privacy-policy. By downloading, installing, using, and providing information to or through the Apps, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
Communications.By creating a user account or otherwise providing your contact information to us, you agree to receive communications from us, including via e-mail or text message. Communications from us may include, but are not limited to: (a) operational communications concerning your user account or use of the Apps; (b) updates concerning new and existing features on the Apps; (c) communications concerning promotions run by us or our Partner Y Associations; and/or (d) news concerning our business and industry developments. You may opt out of receiving promotional emails or text messages by following the unsubscribe options in the promotional email or text message itself. You also agree that we may respond to your communications to us through the Apps, by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us. Your phone company's normal messaging, data, and other rates and fees will still apply. For more information about how we use your personal information and why we communicate with you, please see our Privacy Policy available at https://ymca360.org/privacy-policy.
Privacy and Policies. Your use of the Apps and App Content is subject to our Privacy Policy available at https://ymca360.org/privacy-policy., or otherwise posted in any of the Apps, and all other policies that we provide to you from time-to-time by posting such policies on the Apps or otherwise providing them to you (collectively, the "Policies"). You agree that the Policies are a part of these Terms. We may modify the Policies at any time in the same manner as we may modify the rest of these Terms. In circumstances where we need your affirmative consent, we will send you updates to our Policies to the contact information you provided us in connection with your registration.
Updates. YMCA360 may from time-to-time in its sole discretion develop and provide updates to the Apps, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that YMCA360 has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your connected device settings, when your device is connected to the internet either:
You shall promptly download and install all Updates and acknowledge and agree that the Apps or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Apps and be subject to all terms and conditions of these Terms.
Our Right to Modify these Terms. We may modify these Terms at any time by providing to you a modified copy of these Terms by email or by posting them in the Apps. The modified Terms will be effective when provided to you, unless we specify a later date or we need your affirmative consent to a particular modification. If you do not agree to the modified Terms, your only option is to stop using the Apps after the effective date of the modified Terms. Your continued use of the Apps after the effective date of the modified Terms will be your affirmative agreement and consent to the modified Terms, unless affirmative consent is required for the particular modification. We may modify any information referenced in the hyperlinks from these Terms from time-to-time, and such modifications will become effective upon posting, unless a later date is specified or we need your affirmative consent for the particular modification. These Terms may only be modified as provided in this section or by written agreement of the parties.
Continuing Liability. Even after you are no longer an active Registered User or using our Apps and after termination of your user account, you will remain bound by the representations, warranties, and promises you have made to us regarding any User Submissions, User Content, or other information you provided to us. You will likewise remain responsible for any injury, damage, or other liability that arises out of or relates to your User Submissions, User Content, or Profile Information, or any other aspect of your use of the Apps.
Access After Termination. Upon expiration or any other termination of your user account, you will no longer have access to your user account, the Apps, nor any information entered into and stored in the Apps. After your user account is terminated, we have no obligation to maintain any information stored in or related to your user account, including, but not limited to, your User Submissions, User Content, or Profile Information, unless otherwise required by governing law or court order. We reserve the right to permanently erase all User Submissions, User Content, Profile Information, and other information you submitted or otherwise had access to at any time after your user account is terminated.
Disclaimers. The following disclaimers are made on behalf of YMCA360 and all YMCA360 Parties:
THE APPS AND APP CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APPS, INCLUDING THE ABILITY TO ACCESS THE APPS AT ANY GIVEN LOCATION OR TIME. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR OTHER IMPLIED WARRANTIES THAT MIGHT ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE APPS OR APP CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY THIRD PARTY, THAT ANY DEFECTS IN THE APPS OR APP CONTENT WILL BE CORRECTED, OR THAT THE APPS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, INTEROPERABILITY WITH ANY SYSTEM, CONNECTIVITY, OR AVAILABILITY OF THE APPS OR APP CONTENT. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM THE UNAUTHORIZED USE OF YOUR USER ACCOUNT. YOU AGREE TO COMPLY WITH ALL LAWS THAT GOVERN YOUR USE, POSSESSION, AND AUTHORIZED OR UNAUTHORIZED DISCLOSURE OR DATA BREACH INVOLVING PERSONALLY IDENTIFIABLE INFORMATION, AND ALL OTHER INFORMATION THAT YOU RECEIVE OR SUBMIT TO US THROUGH USE OF THE APPS OR APP CONTENT.
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY THAT ANYONE WHO USES THE APPS WILL BE ABLE TO ACHIEVE ANY PARTICULAR RESULT, OR THAT THE CONTENT OF THE APPS IS ACCURATE, COMPLETE, OR CURRENT.
Limitation of Liability. To the fullest extent permitted under applicable law, you hereby agree that you will defend, indemnify, and hold harmless YMCA360 and any YMCA360 Parties from all liabilities, including, but not limited to, any direct, indirect, consequential, or punitive damages arising out of or relating to your access to or use of the Apps, App Content, and/or your violation of these Terms. You agree to hold YMCA360 and any YMCA Parties harmless from and against any liability for damage or injury to any person's property; injury to a person or death; any claim based on any inclusion or omission in the Apps or App Conent; any claim based on our procurement, compilation, or delivery of the Apps on our website; any claim based on any errors, omissions, or inaccuracies in the Apps or App Content, or the delivery of the Apps or App Content, regardless of how caused; any claim based on delays, interruptions, or incompleteness in the Apps or App Content; and/or any claim based on any action or inaction or decision made arising out of, relating to, or relying upon the Apps or App Content.
IN NO EVENT WILL YMCA360 OR ANY YMCA360 PARTIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE APPS, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE APPS OR APP CONTENT, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT OR TORT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Intellectual Property. All intellectual property rights in the Apps, YMCA360 Content, or Third-Party Content are owned by us or third parties absolutely and in their entirety. These rights include, and are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks and service marks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of those rights.
U.S. Government Rights. The Apps are commercial products, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Apps as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government licensees and their contractors.
General. these Terms shall be governed by the laws of the State of Kansas without regard to conflict of law principles. If any provision of these Terms is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of these Terms. In that event, a court of competent jurisdiction will replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible under applicable law, the same effect as the invalid or non-binding provision, given the contents and purpose of these Terms. You agree that these Terms may be automatically assigned by us, in our sole discretion by providing notice to you. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. These Terms contain the entire understanding and agreement between you and us with respect to the subject matter of these Terms, and supersede all previous written or verbal understandings and agreement between the parties. References to these "Terms" will be deemed to include a reference to all Policies, including our Privacy Policy found at https://ymca360.org/privacy-policy. The relationship of the parties is solely that of licensor and licensee, as applicable. No partnership, employment relationship, joint venture, or other relationship will be deemed to exist among or between any of the parties as a result of, or in connection with these Terms.
Mandatory Arbitration, Venue, Limitation of Remedies, and Damages. All controversies, claims, and disputes of any kind arising out of or relating to these Terms, or the Apps, shall be subject to mandatory binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration proceedings shall be held in the Sedgwick County, Kansas.
LIMITATIONS OF TIME TO FILE CLAIMS. EXCEPT AS OTHERWISE PROHIBITED BY GOVERNING LAW, ANY CAUSE OR ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPS OR APP CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Notices. Except as expressly stated otherwise, any notices to us shall be emailed to support@ymca360.org or through any means we designate in the Apps. All notices we send to you will be sent to you through the Apps or given to you via the email address, physical address, or phone number you provide to us in your user account. We may update our email address or method of receiving notices from you at any time by providing written notice to you, updating the applicable features in the Apps, or by notifying you in writing.