Terms of Service - SpringSpot Inc.
Welcome to SpringSpot! We look forward to empowering you and your family to improve your health and wellbeing.
Introduction. These Terms of Service describe our platform and the products and services we make available to you (collectively, “our Services”), and the terms and conditions that apply to your use of our Services.
Our Services. Our Services allow you to find, share and do activities through live classes, videos, written guides and other content, and provides a platform for creators of such content to distribute that content.
SpringSpot. The provider of our Services (“We” or “Us”) is SpringSpot Inc, a Delaware corporation. We are located at 55 E. 3rd Ave, San Mateo, CA 94401.
These Terms of Service. Your use of our Services is subject to these Terms of Service (the “Terms of Service”), and any and all guidelines and policies that we may adopt from time to time, as they are updated from time to time (collectively, the “Policies,” and together with these Terms of Service, our “Agreement”). Links to the Policies, as they are in effect as of the date of these Terms of Service set forth above, follow:
You should read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not agree to any part of it, then you may not use our Services. Your use of our Services confirms your agreement to all of the terms and conditions of this Agreement.
Who May Use Our Services? You must be at least 13 years old to use our Services. If you are under 18 years of age, you represent and warrant to Us that you have your parent or guardian’s permission to use our Services and that you have had them read this Agreement with you.
Notice to Parents and Guardians. If you are a parent or legal guardian of a user of our Services under the age of 18 years of age (your “child”), by allowing your child to use our Services, you are agreeing to be subject to all the terms and conditions of this Agreement and responsible for your child’s activity in connection with the use of our Services.
Business Users. If you are using our Services on behalf of a company or other organization, you represent and warrant to us that you have authority to act on behalf of that company or other organization, and that this company or other organization accepts and agrees to be subject to this Agreement.
How You May Use Our Services
The content available through our Services includes videos, activity guides, presentations, audio files, text such as comments, branding (including trade names, trademarks, service marks, or logos), that is provided by Us, or by third parties who are users of our Services, or by you (collectively, "Content”).
Content is the sole responsibility of the party that provides that Content to us and through our Services. We are under no obligation to host or serve Content. We may within our sole discretion reject any Content submitted to us, and we may within our sole discretion remove any Content from our Services at any time and for any reason. Without limiting the generality of the foregoing, we may reject or remove any Content at any time if we determine in our sole discretion that the Content does not comply with our Policies.
If you see any Content you believe does not comply with this Agreement, including by violating our Policies or the law, you can report it to us. We are under no obligation to you to remove any Content other than Content that you submit to us as your own.
Physical Activity. If your use of any Content will include physical activity, such as engaging in physical exercise, SpringSpot encourages you to obtain a physical check-up from your doctor or health care practitioner before engaging in that physical activity. You acknowledge and agree that neither the party that provides the Content, nor SpringSpot, nor any of Our personnel has provided you with medical advice and further warrant to Us that by using Content in any manner you have no medical condition which would prevent you from such use.
You Assume the Risk of Injuries and Losses: You understand that using Content, including any Content that describes or depicts physical activity, including without limitation exercise classes, fitness and exercise activities in general, may involve the inherent risk of serious injury to you, members of your family, or others who are around you (for example, and without limitation, slipping and falling, heart attack, or serious neck and spinal injuries which could result in partial or complete paralysis or death).
(1) you expressly and voluntarily accept and assume any and all risks of the following losses sustained from your use of any Content:
(i) any type of personal injury (including, but not limited to, physical injury, death, mental injury, emotional distress, and economic loss) and any related expenses and/or damages; and
(ii) We will not be liable to you or any member of your family or any other person for any such losses (personal injury, personal effects, or property) regardless of whether such losses were caused by our negligence of SpringSpot or the negligence of anyone else, and regardless of whether such losses were related to physical activities in connection with the use of Content.
You Agree to Defend and Indemnify SpringSpot: You agree to defend, hold Us free and harmless, and to indemnify Us from and against any damages, liability, or other costs or expenses, including but not limited to attorneys’ fees incurred by Us in connection with any claims for personal injury, personal effects, or property (as defined above) by you, any member of your family, or any other person in connection with your use of Content.
Accounts. You may use our Services only if you have an account with us (an “Account”). To establish an Account, or to change your settings for your account, you must go here https://www.springspot.co/signup.
Passwords. When you establish your Account, you will be required to establish a password. You are required to keep your password confidential and not to allow others to use your password or your Account. You should choose a unique password for your Account. You should not use your Account password with other services. If you discover that there has been any unauthorized use of your password or your account, you must notify us by emailing firstname.lastname@example.org.
Data Processing Terms. We will process any Content you upload to our Services in accordance with our Policies.
Your Compliance Obligations. You may use our Services as and when we make them available to you if you comply with this Agreement and applicable laws and regulations. You may view or listen to Content for your personal, non-commercial use.
Restrictions. There are a number of restrictions that apply to your use of our Services.
You may not access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of our Services or any Content except with express prior written authorization from Us and, if applicable, any other holders of rights in that Content.
You may not circumvent, disable, fraudulently engage with, or otherwise interfere with any part of our Services (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
You may not access our Services using any automated means (such as robots, botnets or scrapers);
You may not collect or harvest any information that might identify a person (for example, usernames or faces), unless expressly authorized in writing by that person in accordance with our Policies;
You may not use our Services to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
You may not misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
You may not use our Services to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen Content from the Service); or
You may not use our Services to (a) sell any advertising, sponsorships, or promotions placed on, around, or within our Service or Content, other than those allowed in our Policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from our Services or where Content from our Services is the primary basis for such sales.
Ownership Rights. Neither your use of our Services, nor any other user’s use of our Services, will give you ownership of or rights to any aspect of our Services, including user names, or any other Content posted by Us or by others.
How We Maintain Our Services. We may in our sole discretion change any aspect of our Services at any time, and we may add or remove features and other components of our Services at any time, and we may cease to operate our Services at any time. We may in our sole discretion offer new Content or remove any Content at any time. We may do any of these things in order to comply with changes in the law, or for any other reason in our sole discretion. These changes may affect all users, some users or even a single user such as You. If we make material changes that negatively affect your use of our Services, we will give notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
Uploading Content. Any Content that you choose to upload to our Services must comply in all respects with this Agreement, including our Policies, and with all applicable laws and regulations. For example, Content that you submit must not include any intellectual property that is owned by anyone other than You (for example, material for which another person owns the copyright), unless you have permission from the party that owns those rights or You are otherwise legally entitled to do so. You are legally responsible for the Content you upload to our Services. We may review your Content, either through automated systems or otherwise, to analyze your Content to identify whether it complies with this Agreement or to help detect infringement and abuse, such as spam, malware, and illegal content.
Ownership Rights and Use.
You will retain any ownership rights you have in any Content that you upload to our Services. However, by uploading that Content, you agree to grant Us and other users certain rights, which are described below.
License to Us.
By uploading Content to our Services, you grant to Us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with our Services and our business, including for the purpose of promoting and redistributing part or all of our Service.
License to Other Users.
By uploading Content to our Services, you also grant each other user of our Services a worldwide, non-exclusive, royalty-free license to access your Content through our Services, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service. For clarity, this license does not grant any rights or permissions for a user to use your Content independent of our Services.
Duration of Licenses.
The licenses that you grant to Us and to other users pursuant to this Agreement will remain in effect for so long as that Content remains available on our Services, and for a commercially reasonable period of time after you or we remove or delete your Content from our Services. Nevertheless, you expressly agree that We may retain, but not display, distribute, or perform, server copies of your Content after they have been removed or deleted.
Right to Monetize. By uploading your Content to our Services, you grant to Us the right to monetize your Content through our Services (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments or other consideration.
When You Remove Your Content. You may remove your Content from our Services at any time. You may make a copy of your Content before removing it. You must remove your Content if you no longer have the ownership rights for that Content that is required by this Agreement.
When We Remove Your Content. We may delete any of your Content from our Services at any time in our sole discretion, including without limitation in the following circumstances: (1) if your Content is in breach of any of the terms and conditions or this Agreement, including without limitation our Policies, or (2) if your Content may cause harm to Us, other users, or third parties. We will notify you of the removal and our reasons for our action unless we believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Us; (b) would compromise an investigation or the integrity or operation of our Services; or (c) would cause harm to any user, other third party, or Us.
Copyrights. If you believe your copyright has been infringed on our Services, please send us a notice by sending an email to email@example.com. We respond to notices of alleged copyright infringement according to our Policies. We may terminate Your rights to use our Services, or any other user’s rights, based upon infringement of copyrights.
If You Want to Close Your Account. You may stop using our Services at any time. If you want to close your Account, please email firstname.lastname@example.org. If you close your Account, your Content will no longer be made available to other users through our Services. We retain the right to keep and use copies of that Content as described in this Agreement.
If We Suspend or Close Your Account. We may suspend or terminate your Account and your rights to use some or all of our Services at any time in our sole discretion, including without limitation if you breach this Agreement, if We are required to do so to comply with a legal requirement or a court order, or if We believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, or Us. We will notify you of any suspension or termination of your Account, unless we believe that to do so would violate the law or the direction of a legal enforcement authority, would compromise an investigation conducted by us or by a legal enforcement authority, or would compromise the integrity, operation or security of our Services, or would cause harm to any user, other third party, or Us.
Photography. We may photograph, record on audio or video, or otherwise record your participation during SpringSpot events, camps or live classes (collectively, “Events”) for training, security and/or promotional purposes. You understand, acknowledge, and authorize SpringSpot to photograph, record on audio or video you and your children during these Events for future use without compensation. You hereby agree and consent, on behalf of yourself and your children, for all purposes to the reproduction, and/or use in any manner of any such photograph, audio, video, or other recording or depiction of your likeness and/or voice whatsoever by us, and any nominee or designee of us or them, including without limitation any agency, client, periodical or other publication, in all forms of media, whether now or hereafter devised, throughout the world and in perpetuity, and in all manners, including without limitation advertising, trade, display, editorial, art and exhibition. You further understand and agree that any such photograph, audio, video, or other recording or depiction of your or your children’s likeness and/or voice may be modified, altered, cropped and combined with other content such as images, video, audio, text and graphics, and hereby waive, on behalf of yourself and your children, any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your or your children’s likeness or voice. You agree to hold harmless and indemnify SpringSpot, from and against any and all liability, damage, loss and/or claims of any kind or nature whatsoever, including, without limitation, any and all claims and demands relating to libel, invasion of privacy, and violation of publicity rights.
Other Important Legal Terms.
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND WE DO NOT MAKE ANY GENERAL OR SPECIFIC COMMITMENTS OR WARRANTIES ABOUT OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH OUR SERVICES; (B) THE SPECIFIC FEATURES OF OUR SERVICES, OR THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON OUR SERVICES.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY: ERRORS, MISTAKES, OR INACCURACIES ON OUR SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF OUR SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES; ANY INTERRUPTION OR CESSATION OF OUR SERVICES; ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; ANY CONTENT WHETHER SUBMITTED BY A USER OR BY US, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO FIVE HUNDRED UNITED STATES DOLLARS ($500).
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us, our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Changing this Agreement
We may change this Agreement at any time in our sole discretion, and those changes will take effect immediately. Without limiting the generality of the foregoing, we may change this Agreement to reflect changes to our Services or how we conduct business, when we add or remove products or features from our Services, for legal, regulatory, or security reasons, or to prevent abuse or harm.
If we change this Agreement, we will provide notice of the changes and an opportunity to review them, except when we begin to offer a new product or feature, or in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to any such change, you should remove any Content you have uploaded and stop using our Services. Your continuing to have Content on our Services, or your continued use of our Services, confirms you agreement to any such changes.
If your use of our Services ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of San Mateo County, California, USA. You and We consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright © 2023 SpringSpot Inc.
Last Updated: July 1, 2023