Revision date: March 8th, 2016
Use of the Application
Various company, product, and service names displayed on the Application may be trademarks or service marks owned by others (the "Third-Party Trademarks"). Nothing on this Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Application. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Application contains links to, and content and data from, third-party websites ("External Sites"). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. In addition, the Application contains content posted, stored, or displayed at the direction of users of the Application, for which we cannot accept any responsibility or liability.
The videos generated by the application are released under a creative commons license CC BY-NC-ND 4.0 http://creativecommons.org/licenses/by-nc-nd/4.0/ .
The Application is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited:
(i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications,
(ii) any use of the application, which in our sole judgment, degrades the reliability, speed, or operation of the Application or any underlying hardware or software thereof,
(iii) use of web scraping, web harvesting, or web data extraction methods from Activity even if the Activity account owner gives permission. and
By using the Application, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.
Membership in the Application is subject, in our sole discretion, to termination at any time.
The Application may now or in the future permit the submission of Content at the direction of users of the Application ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that:
In connection with User Content, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or
(v) impersonate another person.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranty and Limitation of Liability WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE APPLICATION OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE APPLICATION AND THE CONTENT AT YOUR OWN RISK.
WE MAKE NO WARRANTY THAT THE APPLICATION WILL OPERATE ERROR FREE OR THAT THE APPLICATION, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE APPLICATION OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE APPLICATION AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND SCUBA DIVING FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE APPLICATION AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We shall have no liability to you or any third party because of such termination or action.
Information We Collect
When you interact with us through the Application, we may collect Personal Data and other information from you, as further described below:
Non-Identifiable Data: When you utilize the Application, we may receive certain personally non-identifiable information about your use of the Application. Such information, which may be collected passively using various technologies, or via submission of data by fitness devices you have configured to work with the Application, cannot presently be used to specifically identify you. We may store such information ourselves or it may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Application, the number of visitors to each page of the Application, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our end user's demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Our Use of Your Personal Data and Other Information
We will communicate with you through email and notices posted via the Services. These communications may include a series of welcome emails which help inform you about various features of the Services. Please be aware that you will always receive certain emails from us related to the proper functioning of your account. We may send you promotional information unless you have opted out of receiving such information. If you wish to opt-out of receiving promotional emails, please click the "unsubscribe" link at the bottom of the email.
Our Disclosure of Your Personal Data and Other Information
There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, including as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or this Application, Personal Data may be part of the transferred assets.
Service Providers, Agents and Related Third Parties: We sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we may need to provide them with access to certain Personal Data. However, we only provide them with the information that they need to perform their specific function.
Legal Requirements: We may also disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to
(i) comply with a legal obligation,
(ii) protect and defend our rights or property,
(iii) act in urgent circumstances to protect the personal safety of users of the Application or the public, or
(iv) protect against legal liability.
You can use the Application without providing any Personal Data, however, you may not be able to use certain Services.
When You sign up for our Services that require registration, we ask you to provide Personal Data. If we want to use this Personal Data in a manner different than the purpose for which it was collected, we will ask for your consent prior to doing so. If we propose to use Personal Data for any purposes other than those described in this Policy and/or in the specific notice of Services, we will offer you an effective way to opt out of our use of your Personal Data for those other purposes.
Links to Other Websites
We take reasonable steps to protect the Personal Data provided via the Application from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These steps include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store Personal Data. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Application may not be secure. Therefore, you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to us via the Internet.
We restrict access to Personal Data to our employees, contractors and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline if they fail to meet those obligations.
We process Personal Data only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the Personal Data needed to provide or improve our Services. We take reasonable steps to ensure that the Personal Data we process is accurate, complete, and current, but we depend on our users to update or correct their Personal Data whenever necessary.
We regularly review our compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or our treatment of Personal Data by contacting us through the application. When we receive formal written complaints, it is our policy to contact the complainant regarding his or her concerns.
Access to Information
We strive to keep your Personal Data accurately recorded. Through the Application, we provide you with access to update your profile and revise Personal Data previously submitted to the Application.
If you have any additional questions or concerns about this Policy or our information practices, please feel free to contact us at any time through the contact mechanisms of the Application.