Apply for beta Like most software companies, we ask you to agree to some terms and conditions when you use BodyMaps. Please read them carefully! 0. The Site does not Provide Medical Advice. The contents of the BodyMaps Site, such as text, graphics, images, information
obtained from BodyMaps's licensors, and other material contained on the
BodyMaps Site ("Content") are for informational purposes only.
The Content is not intended to be a substitute for professional medical
advice, diagnosis, or treatment. Always seek the advice of your physician
or other qualified health provider with any questions you may have regarding
a medical condition. Never disregard professional medical advice or delay
in seeking it because of something you have read on the BodyMaps Site! 1. Acceptance of Terms BodyMaps provides its Service (as defined below) to you subject to this Terms of Service agreement ("TOS"). BodyMaps may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes. By continuing to use the Service, you signify your binding acceptance of the TOS, as published on the BodyMaps website ("Site"). 2. Description of Service The "Service" includes (a) the Site, (b) the services provided by the Site and by the BodyMaps software made available through the Site, and (c) all data, text, images, sounds, video, and software made available through the Site or services ("Content"). Any new features added to or augmenting the Service are also subject to this TOS. 3. Permission to Use the Service You may access the Service for personal use only, provided that you
are in compliance with all provisions of this TOS. By using or accessing
this Service you agree to comply with the copyright, trademark, service
mark, and all other applicable laws that protect the Service. You agree
not to copy, distribute, transmit, publicly display, publicly perform,
modify, rent, sell, or create derivative works of any portion of the
Service. 4. User Conduct Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to: * Using the Service to promote, conduct, or contribute to fraudulent
and/or illegal activities, including deceptive impersonation or activities
involving the exploitation of children. 5. User ID Some functions of this Service require registration by selecting a unique
user identification ("User ID") and password, and by providing
certain personal information. In registering to be a user, you represent
that you are of legal age to form a binding contract. If you select a
User ID that BodyMaps, in its sole discretion, finds offensive or inappropriate,
BodyMaps has the right to suspend or terminate your account. BodyMaps does not claim ownership of any Content you submit to the Service ("Contribution"); however, BodyMaps has the right to remove any Contribution that violates this TOS or is otherwise objectionable, as determined solely by BodyMaps. By submitting Content for inclusion on the Service, you represent and warrant that you have all necessary permissions to grant the following license to BodyMaps. You hereby grant BodyMaps and its successors a worldwide, non-exclusive,
royalty-free, sublicensable and transferable license to use, copy, distribute,
transmit, prepare derivative works of, publicly display, and publicly
perform such Contribution on, through or in connection with the Service
in any media formats and through any media channels, including without
limitation, for promoting and redistributing part of the Service (and
its derivative works). This license granted by you terminates once you
or BodyMaps removes your Contribution from the Service. You understand
that your Contribution may be transmitted over various networks and changed
to conform and adapt to technical requirements. 7. Privacy Policy BodyMaps agrees to protect your personal information as described in
the Privacy Policy published on the Site. You agree that BodyMaps can
export your information to any country as operationally necessary, even
if that country's privacy laws are weaker or different from the privacy
laws of your country. 8. Third-Party Content You acknowledge that BodyMaps does not comprehensively review contributions to the Service and that each contributor to the Service of data, text, images, sounds, video, and software is solely responsible for the accuracy, reliability, nature, and legal restrictions associated with their contribution. In addition, the BodyMaps Service may contain links to websites that
are not owned or controlled by BodyMaps. BodyMaps assumes no responsibility
for the content, privacy policies, or other practices of third-party
websites. You are encouraged to read the terms and other policies of
such websites. By using the Service, you agree that BodyMaps shall not
be liable in any manner due to your use of any third-party website. 9. Making Claims of Intellectual Property Infringement If you believe that your work has been copied, displayed, or distributed
without your permission in connection with this Service, please notify
the BodyMaps Copyright Agent. copyright { a t } bodymaps [ dot ] <org> or Attention: General Counsel 10. DISCLAIMER OF WARRANTIES *READ THIS CAREFULLY* You understand and agree that your use of the
Service is at your sole risk. The Service is provided on an "as
is" and "as available" basis and to the fullest extent
permitted by law, BodyMaps expressly disclaims all warranties, express
or implied, in connection with the Service and your use thereof, including
but not limited to the implied warranties of merchantability, fitness
for a particular purpose, accuracy, and non-infringement. BodyMaps makes
no representations or warranties about the accuracy or completeness of
the Content made available through the Service or the content of any
websites linked to the Site. BodyMaps does not warrant, endorse, guarantee,
or assume responsibility for any product or service advertised or offered
by a third party through the Service or any hyperlinked website or featured
in any banner or other advertising, and BodyMaps will not be a party
to or in any way be responsible for monitoring any transaction between
you and third-party providers of products or services. As with the purchase
of a product or service through any medium or in any environment, you
should use your best judgment and exercise caution where appropriate.
No advice or information, whether oral or written, obtained by you from
BodyMaps or through the Service shall create any warranty not expressly
stated in this TOS. 11. LIMITATION ON LIABILITY *READ THIS CAREFULLY* You understand and agree that BodyMaps shall not
be liable to you for any direct, indirect, incidental, special, consequential
or exemplary damages, including without limitation damages for loss of
profits, goodwill, use, data or other intangible losses (even if BodyMaps
had been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Service; (b) the cost of procurement
of substitute services resulting from any services obtained through or
from the Service; (c) unauthorized access to or alteration of your transmissions
or data; (d) statements or conduct of any third party on the Service;
(e) inaccuracies, mistakes, or errors of content; (f) personal injury
or property damage of any nature whatsoever resulting from your access
to and use of the Service; (g) any bugs viruses, Trojan horses, or the
like, which may be transmitted to or though the Service by a third party;
or (h) any other matter relating to the Service, whether based on warranty,
contract, tort, or any other legal theory. In the event this limitation
of liability shall be for any reason held unenforceable or inapplicable,
you agree that the aggregate liability against BodyMaps shall not exceed
the amount of fifty (50) euros. 12. Indemnification You agree, at your own expense, to indemnify, defend, and hold harmless
BodyMaps, its employees, agents, and representatives against any claim,
alleged claim, suit, action, or administrative proceeding arising out
of, or related to use of or access to the Service, or violation of this
TOS by you or, when due to your cooperation or negligence, by someone
else using your User ID. 13. Governing Law This TOS shall be exclusively governed by and construed under the laws
of England and Wales, without giving effect to any choice-of-law or conflict-of-laws
provisions. All legal claims, suits or actions related to this TOS will
be subject to the jurisdiction of the courts of London, England. 14. Waiver and Severability The failure of either party to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any of the provisions of the TOS are held invalid, unenforceable,
or void by a court, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and
effect. 15. Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Last updated: 20 March 2008 |
